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This business is proud to offer full service for the most authentic and fresh Mexican cuisine in a family atmosphere in the Midlothian area.
• Particular location has been in business under the same ownership for many years.
• Dining area is designed for maximum occupancy with proper amount of space in between table sets
• Kitchen and all other equipment are in great shape
• The Staff and Service is great.
• Beautiful location in the heart of Midlothian shopping area
• Extremely high traffic road
• Current rent is very reasonable and can be transferred to new ownership for another 5 years
• Outdoor patio seating area is also available
• Interior decoration is very modern Mexican design
• Turkey operation with minimal need for further renovations and equipment.
• It also does take catering orders for any business meetings or parties.
• It offers great deals for any budget.
Financials (USD)
Asking Price $85,000
Sales $325,000
Profit $60,000
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Full Service Restaurant in King George, VA w/RE #453756 posted Sep 13, 2016
- Virginia, United States
- $650,000
Full service restaurant and souvenirs on Busy Highway in King George, VA for sale with prime real estate included.
Restaurant for Sale – Next to Arlington Landmark #452917 posted Aug 31, 2016
- Virginia, United States
- $150,000
Great business opportunity for a hands on owner operator or experienced Restaurateur to purchase an existing restaurant that is attached to a major Arlington Landmark! The restaurant space is approx. 1420 sq ft with a capacity for 49. The kitchen is a great size and equipped to handle large volumes...
Established Restaurant and Bar #452518 posted Aug 26, 2016
- Virginia, United States
- $69,500
Established in 1983, this bar/restaurant was taken over by the current owner in 2011. This bar is an excellent starter business opportunity. It has it all - Location, location, location, 100+ Seats, ABC license with 2:00 AM last call, Dance floor with DJ booth, License for live bands, Outdoor terrace...
Did you know that social networking is a great way to buy a business? Sign up now and we'll show you how.
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Disclaimer: MergerNetwork has not independently verified any of the information in this listing and makes no warranty as to its accuracy or completeness.

subset: commoncrawl


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Frankie Fouganthin
Panama Papers: After 10,000 Protest, Iceland's Prime Minister Resigns
The Panama Papers leak revealed offshore accounts tied to Icelandic Prime Minister Sigmundur Gunnlaugsson.By Zach Toombs | April 5, 2016
After 10,000 people protested, Iceland's prime minister is resigning.
That's about 3 percent of Iceland's population, which would be like almost 10 million Americans showing up to protest.
The Panama Papers leak showed PM Sigmundur Gunnlaugsson hiding funds in offshore accounts. Those could have been used to avoid taxes.
Article Continues Below


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Are you looking for a Health internship in Virginia? Health internships are the best way to bridge the gap between going to school and landing great job. Internships can help provide valuable work experience by learning the ropes from more experienced professionals. At the end of your internship, you'll have relevant experience to help you decide if starting your career in the field of your internship is the right choice for you. It also helps that 7 out of 10 internships result in a full time job offer, which means interning in Virginia can also serve as the foundation to landing a full time job in that city after graduation.
Health summer internships in Virginia are pretty common, but don't expect to be in charge at the end of your internship! Usually, you'll have to work from the bottom up, but interns are much more likely to get a job offer from the employer they're interning with. If you decide to intern at a smaller company, you'll sacrifice the name prestige for other benefits, such as having an opportunity to see your projects go from start to finish. Simply gaining Health experience is essential in order to provide value and creativity to the team.
Ready to get started? Search for Health internships in Virginia below.
Search For Health Internships In Virginia
Healing Arts Organization looking for creative self-starter
Nurse Extern
Nurse Extern
Project Coordinator
Benchmarking and Research Intern - Association for Healthcare Philanthropy
Communications Intern - Association for Healthcare Philanthropy
Spring 2017 Healthcare PR/Communications Intern
JDRF Internship for One Walk
JDRF Internship for Hope Gala
Clinical Assistant
- Health Internships in Arlington, VA
- Health Internships in Richmond, VA
- Health Internships in Virginia Beach, VA
- Health Internships in Washington, DC
- Business Internships in Virginia
- Communication Internships in Virginia
- Design Internships in Virginia
- Development Internships in Virginia
- Education Internships in Virginia
- Government Internships in Virginia
- Health Internships in Virginia
- Healthcare Internships in Virginia
- Legal Internships in Virginia
- Management Internships in Virginia


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There is one other file type using
the NIL file extension!
.nil - QIP file
Software that works with nil file extension
NIL file extension - Norton Icon Library file
What is nil file? How to open nil files?
File type specification:
File extension probably used by some Norton applications.
The default software associated to nil file type:
Company or developer:
Symantec Corporation
Norton Internet Security is virus protection suite for Microsoft Windows. It protects PC against viruses, trojan horses, spam, worms and other potential malware.
List of recommended software applications associated to the .nil file extension
Recommended software programs are sorted by OS platform (Windows, Mac OS X etc.) and possible program actions
that can be done with the file: like open nil file, edit nil file, convert nil file, view nil file, play nil file etc. (if exist software for corresponding action in File-Extensions.org's database).
- Others nil file
Unspecified and all other actions for computer programs working with nil file - Norton Icon Library file
Click on the software link for more information about Norton Internet Security. Norton Internet Security uses nil file type for its internal purposes and/or also by different way than common edit or open file actions (eg. to install/execute/support an application itself, to store application or user data, configure program etc.).


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- You can view the full American Water Works Ratings Report.
- Use our utilities section to find sector-relevant news.
- Or find some new ideas from our top rated stocks lists.
- Find other investment ideas from our top rated ETFs lists.
Charts showing up or down trends in the past week.
Periods of low volatility are usually followed by potentially profitable periods of high volatility.
Here's how to trade the PowerShares Water Resources ETF and its five largest components: American Water, Danaher, Ecolab, Pentair and Roper Technologies.
Here are Wednesday's top research calls, including upgrades for F5 Networks, U.S. Steel, Lockheed Martin and Sysco, and downgrades for GoPro, Kansas City Southern, Globus and Constellation Brands.


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How to Locate a County by Zip Code
Finding a county name when you only have the zip code is easy. All you need is access to the Internet to find the information you are looking for.
Step 1
Pick an Internet search engine to go to.
Step 2
Type in the zip code you have with the word "county" next to it.
Step 3
Hit "Enter." Your search will produce the name of the county you are looking for.
Tips & Warnings
- If you would rather not use a search engine, go directly to the United States Census Bureau website. The quickfacts.census.gov/cgi-bin/qfd/lookup link will take you directly to the site's search engine for zip codes. Just type in the zip code and hit "Enter" to have the county name revealed.


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Looking to purchase a franchise? Look no further than Texas! Whether you live in a major metro area or in a small town, the Lone Star state is a great place to do business with its low taxes, a low cost of housing and a high quality of education. In addition to a natural geographic advantage and first-class transportation network, Texas is known as a state that means business when it comes to economic development. Texas remains a choice destination for entrepreneurs.
Did you know?
Starting as a single hot dog stand in 1961, Wienerschnitzel's simple and delicious food soon drove growth throughout the Southwest to national presence. Today with its memorable design, small real estate footprint and low cost of entry we are set-up for speed and profits while delivering unique food that guests can get only at Wienerschnitzel.
200,000 Min. Cash Required
Andy OnCall
ANDY OnCall is an inexpensive, manageable franchise in the home repair industry. We are service driven helping craftsmen own their own business. Enjoy flexible work hours & a profitable revenue with Andy OnCall!
23,150 Min. Cash Required
American Business Systems, LLC
American Business Systems has been America's Leader in Medical Billing with Unparalleled Training, and Support for over 20 years. $100k Potential working from anywhere, full-time or part-time. Learn more about this great opportunity!
20,000 Min. Cash Required
Allstate - TX
Allstate is the largest publicly held property and casualty insurance company. We have over 20 million customers with $20 billion in revenue. Learn more now about this exciting opportunity in Texas!
50,000 Min. Cash Required
Garlic Jim's Pizza
Garlic Jim's Pizza has perfected the art of making affordable gourmet pizza and delivering it quickly. Our footprint is small, and our investment is affordable. If you're looking to open a quality gourmet pizza business, you need to take a look at Garlic Jim's!
Wireless Zone
Name a product that people hold as often and value as much as their cell phone. Wireless Zone is the largest independent Verizon franchisor in the U.S. Our franchisees have the distinct advantage of being able to offer the most innovative products & services in the wireless industry, in state of the art retail locations with unparalleled support.
175,000 Min. Cash Required
WolfPack Oil
Investment diversification is an essential component in today's fluctuating economy. We have an opportunity for the sophisticated investor looking for an alternative investment strategy. We are looking for Partners who would like to get in on a ground floor opportunity. A successful, producing well will be a valuable asset in your portfolio.
Cruise Planners/American Express
Cruise Planners, an American Express Representative, home-based business model is one of the largest, privately owned, nationally recognized and continually awarded cruise selling agencies in the US. Cruise Planners offers one of the best travel franchise opportunities with a proven sales system that's been successful for more than 20 years.
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HealthyYOU Vending
Join the healthy vending revolution with HealthyYOU Vending! Since 1999 our team has helped thousands of operators position themselves in their respective markets as vending professionals in this exciting $42+ Billion dollar industry. The demand for healthy food choices is exploding. We secure your locations. Don't miss this opportunity!
30,000 Min. Cash Required
HomeVestors of America
"We Buy Ugly Houses" is known to most everyone. Franchising since 1996, Homevestors specializes in purchasing houses that are undervalued and selling these houses at a profit.With a new work-from-home option, and access to many support programs, including financing for the purchase and rehab of houses. Learn more about this lucrative franchise now!
Real Estate Sales LLC - Flip Cheap Houses
ATTENTION: Due to the demand this is only for QUALIFIED candidates that can start immediately and have $20,000 Liquid Capital! Make over $20K+ per Month. Learn How to Invest in Real Estate.
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Own your own commercial finance business! As a full service commercial finance company, you can provide business loans from $5,000 to over $500,000,000 to virtually any business, along with offering over 20 different types of commercial loans. We provide education, proprietary marketing tools, on-going support, and lenders to deal with directly.
My Business Venture
My Business Venture gives you the ability to start an online business from the comfort of your home, featuring over 10,000 top selling products and mark-ups of up to 200% on each sale!
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Pro Image Sports
Pro Image Sports is the sports fan's dream come true.. As the largest franchise of sports fan stores in the world, Pro Image Sports is the destination spot where fans and fashion meet for over 30 years. If it has a team licensed logo on it, you can find it at Pro Image Sports. Inquire now to learn more about this great franchise!
ClaimTek Systems
Start a Medical & Dental Billing and Practice Management Business – Work from anywhere, part-time or full-time, flexible schedule, huge profit margins! Healthcare is the growth industry of the 21st century! Read more about this exciting opportunity now!
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Guidant Financial Group
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Kups R Us
Make more money in one month than many earn in a year with the Kups R Us dealership. Protected, exclusive territories are going fast and will not last! Rapid return on investment & no royalties! Inquire now to learn more!
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Growler USA - America's Microbrew Pub
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Collapse -
Check event logs and router logs
by seanferd
for more explicit information on the failure.
Collapse -
A couple of things
by TobiF
Check in your internet settings (under connection - LAN) that you don't have any proxy settings active.
Also, compare IP settings between safe mode and normal. (Command line: ipconfig /all)


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NSW doctors can now write up a script for medicinal cannabis for patients who are seriously ill.
Previously you could only access cannabis-based medicines through clinical trials, but with the new regulatory changes, the drugs can now be prescribed for patients who've exhausted standard treatment options.
'Medical marijuana which was previously available only for clinical trials, is to be accessible to all after doctors get the license to prescribe it to seriously ill patients who have exhausted all treatment options.'
Advertisement"People who are seriously ill should be able to access these medicines if they are the most appropriate next step in their treatment,"NSW Premier Mike Baird said. Mr Baird said "this change increases the options available for doctors as it means a broader range of cannabis-based medicines can be prescribed, while we continue our evidence-based research looking further into the role medicinal cannabis can play."
The Poisons and Therapeutic Goods Amendment Regulation will allow doctors to apply to the NSW Health Board to prescribe cannabis-based products that are not currently on the Australian Register of Therapeutic Goods.
Among the potential uses for medical cannabis is the treatment of arthritis, epilepsy, glaucoma, schizophrenia, Crohn's disease and sleep disorders. Medicinal cannabis can be taken orally, smoked, used as an oil and in some cases injected.
Medical cannabis is legal in 20 US states, while recreational cannabis can be sold legally in Colorado and Washington states.
Medical Research Minister Pru Goward said that NSW was regulating cannabis-based medicines in the same manner as any other emerging medicine. "Patients wishing to investigate the use of cannabis-based medicines will need to talk with their doctor about suitability," Ms Goward said. "There is still a lot to learn about safety and efficacy for different patient conditions and groups, which is why we are investing $21 million to further world-leading ... research." Ms Goward added.
Australian Medical Association NSW spokesman, Associate Professor Saxon Smith said that doctors will need approval from both the Commonwealth Therapeutic Goods Administration and NSW Health before they can prescribe an unregistered cannabis-based product. "It is an important step forward to look after patients in terminal situations or suffering side effects from chemotherapy, so it adds to our arsenal," he said.
Anecdotal reports say that in the absence of legal cannabis-based medicine, many patients have been forced to break the law by sourcing cannabis oil and medicine on the black market.
The NSW government gained approval to grow cannabis under license from the federal government as part of research into the best way to cultivate the plant. The drug will be grown at a high-security facility under strict protocols.
Earlier this year, about 330 people in NSW took part in a clinical trial, testing medicinal cannabis for chemotherapy patients. Premier Mike Baird said the drug, a cannabis tablet manufactured by Canadian company Tilray, was only for people suffering nausea and vomiting from chemotherapy. "I think all of us who know people who are in the battle for their lives, to have some form of relief to give them strength, to give them energy, to stare down cancer and to take it on - well, that's what this is all about." the Premier added.
This trial, which was announced in February, was the third of its kind in NSW, the other two were for terminally ill patients and children suffering from severe epilepsy.
Source: Medindia
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Arcisate Vacation Packages
Arcisate is within easy reach of a diverse collection of Lake Maggiore's well-known sights. The Sacro Monte of the Rosary and the Basilica di San Vittore are just two of the popular places to discover here. Also, well worth the effort are Broletto Courtyard and Estense Palace.
If you have time in and around Arcisate, treat yourself with a visit to the Piazza della Motta in Varese and the Estensi Gardens. To discover the nearby historic sights, be sure to check out Masnago Castle in Varese. If your spirit could do with a little renewal, you'll appreciate the peaceful atmosphere at sacred places like the Church of Saint Anthony Abbot in Varese.
PalaWhirlpool, Varese is a great place to catch a game of baseball, and to see local heroes, the Pallacanestro Varese, in action. On game days the stadium is filled with red and white, as local baseball lovers join together to get behind their home-grown heroes.
When it's time to rest your weary feet after checking out the delights of Arcisate, check in to one of the area's many short and long stay accommodation options. Make reservations for the Palace Grand Hotel Varese, the Atahotel Varese, or the City Hotel Varese.


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Home › Forums › General Forums › Philosophy & Technique › Sierra guide book and maps
@earn_my_turnsLocale: New England
I guess this goes here?
Where should I start looking for specifically northern Sierra guide book/map sets? Whole new exciting wilderness to learn about!!!
@ngatelLocale: Southern California
USFS maps. That was that was readily available when I starting hiking the Sierras. Go hike some trails and you will figure out the best places. :-)
@balzaccomLocale: Wine Country
YOu should certainly get a copy of Sierra North—that's got something like 100 trips in the area. As for maps, each wilderness area has it's own Tom Harrison Map, or you can print your own for your specific trip off Acmemapper.com
Our website has a lot of trip logs from the area as well at backpackthesierra.com
@ebasilLocale: Atzlan
Cool site, thanks for posting it!
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Looking to inject a little excitement into your next Christchurch visit? Hop into a Hertz Christchurch Airport Car Rental and make your way over to one of these attractions to get up close with some wildlife, from the mundane to the magical. From zoo encounters to horseback riding to alpaca petting, Christchurch offers many opportunities to escape the concrete jungle.
Love horses? Icelandic Rides has rides from 1 to 3 hours in groups of up to four, for all ability levels, along a tidal lagoon, the beach and in the forest. Small but strong, Icelandic horses can carry even large adults and are easy to handle, with a friendly demeanour. Bookings are essential as departure times vary based on the tides. It's less than half an hour north of Christchurch city by car. Closed on Mondays.
For a truly unique experience, look no further than Shamarra Alpaca Farm in Akaroa, near Christchurch. Wander through a herd of more than 70 alpaca, lead an alpaca on a halter, then browse the shop full of handcrafted alpaca products, including items made from their fleece. The farm is 200m above Akaroa Harbour and enjoys stunning panoramic views. Drinks and home baking are complimentary.
15 minutes drive from Christchurch Airport, Orana Wildlife Park is New Zealand's only open range zoo. You could hand feed a giraffe, get up close with lions, meet endangered native wildlife like kea and tuatara and pet domestic animals in the farmyard.
Combining conservation, culture and local food, Willowbank is not just a wildlife park. There are brown kiwi for the viewing, an award winning restaurant, a pre-European Maori village and interactive Maori cultural experience, including authentic kapa haka.
This animal park offers a look at New Zealand native flora and fauna, including a unique perspective through nocturnal and twilight bush walks. Experience kowhai, silver ferns, tui, fantails, bellbirds up close. You can also feed lamb, milk goats and collect eggs – just like on a real farm. For city kids, this is a chance to experience a slice of life on the other side of the fence.


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|About Us
What to Do with Uranium Stocks NowBy Matt Badiali, editor, S&A Resource Report
Tuesday, March 15, 2011
Japan's nuclear power plant situation is going from bad to catastrophic...
Last week's massive earthquake and resulting tsunami shut down 11 of Japan's 53 nuclear power plants. It gets worse... Three of the most damaged plants lost their ability to cool the uranium fuel rods. When we can't cool the fuel, we can't control the nuclear reaction, resulting in a meltdown.
The New York Times is calling it the worst nuclear accident since the Chernobyl disaster in 1986. That event drove the price of uranium down 57%.
All the bad news this time has sent uranium prices plummeting. The uranium proxy I watch is down 25%. But no matter what happens in Japan, nuclear energy is not going away.
As longtime Growth Stock Wire readers know, I'm an energy bull...
The world needs much more electricity than it can produce right now. Western countries consume around 7,000 kilowatt hours per person per year. For China and Brazil, that number is only 2,250. For India, it's only 500.
Yet Brazil, China, and India get more wealthy every day. They want to stream movies over the Internet, too, and everything else that comes with a wealthier lifestyle. That means the electrical power supply must grow.
The only solution requires nuclear power as part of the mix.
China, which plans to build 60 new power plants over the next decade, isn't going to stop because of what happened in Japan... neither will India, which has 40 new reactors on the books over the next 20 years. Both these countries need electricity desperately, and nuclear power is a big part of that plan.
That notwithstanding, the rout is on in the uranium sector. The juniors I've been talking about in Growth Stock Wire fell between 10% and 35%. Cameco, the ExxonMobil of uranium miners, dropped 13% on Monday. It'll likely open even lower today.
Here's the thing: Japan's 56 nuclear reactors consume nearly 8,000 tons of uranium per year. If 11 are offline, 1,570 tons will go unused this year. That's about 2% of the world's consumption. Hardly enough to flood the market.
Existing power plants all over the world still need uranium. Soon-to-be-built power plants in China and India will need uranium, too.
I don't see this as a reversal of the big energy trend.
But what should you do now if you already own uranium stocks? Above all, mind your trailing stops. While I think we're close to the lows in uranium stocks, and most of the selling is driven by panic instead of the long-term fundamentals, we can't know the future. Don't "hold and hope."
Instead, be ready to get back in once the market bottoms and a little clarity emerges regarding exactly what Japan is facing... This could become the single best opportunity to buy uranium stocks. When the dust clears, we'll still need energy... And we'll still need uranium.
Good investing,
Matt Badiali
Further Reading:
"I can't overemphasize the importance of uranium," Matt says. "The emerging world's demands for energy are only going higher... and uranium is one of the most concentrated fuels we have."
Earthquake sends big Japan fund EWJ plummeting... lowest level since October.
Fear index (the VIX) surges to fresh two-week high.
Financial giants Citigroup and Goldman Sachs fall to three-month lows.
Japanese electronics makers Panasonic, Canon, and Kyocera drop to six-month lows.


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Product Description
Mini Ear Bluetooth Online Shopping Pakistan.
Mini n Ear Bluetooth
Compatible with all Android & iOS devices, PCs & TABs
Call time: 3-4 hours
Standby time: 100 hours
Charging time: 2 hours
Transmission distance: about 10M
Battery specification: 3.7V 80MA-100MA lithium battery
Buy from diKHAWA and enjoy the amazing deals and discounts with fast and reliable shipping. not only this, diKHAWA also offers free home delivery countrywide on purchases up to 2500PKR.


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Item number: F-1025
Item number: F-1025
$ 6.95$ 4.86 Use Code: HOLIDAY30
Always Free Shipping & Returns.
Want it to ship today, , for FREE?
Order within . Need This Item Faster? Select Expedited at Checkout!
This is a great quality ladies bracelet. This is fashion jewelry designed to last!


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Teardrop Glow in the Dark Pendant Necklace
In-Stock and Ships within 24-hours
Fast Delivery - Within 5-10 business days
96% reviewers recommend this product
100% Money Back Guarantee
Tears are precious - no matter the emotion they evoke. Whether they are tears of joy or sadness, these glistening tears holds beauty that simply cannot be explained in words alone. We at Ashley Jewels adore this Teardrop Glow in the Dark Pendant Necklace and its ability to encapsulate one unique teardrop that has pierces through the darkness with it's mesmerizing blue light. Where this on an evening out or with your casual attire and you're sure to turn heads!
- Material: Zinc Alloy
- Chain Type: Link Chain
More Information
- May purchase more than one
- Ships within 5-7 business days (Holiday Season)
- No need to redeem voucher
- Valid for U.S and Canadian residents only
- No delivery to Alaska or Hawaii
- Please provide shipping information at checkout
- Shipping address cannot be changed after purchase


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Faceted pyrite strand with rose gold and sterling silver Regular lock
Also known as "fool's gold" pyrite has a unique color and appearance that is unrivaled in nature. This is one of the most versatile and beloved pieces in the Marla Aaron Jewelry collection. It is a long strand of faceted pyrite stones that have a slight gold to green hue. The piece can be worn as a bracelet as pictured here, or wrapped various times around the neck to create a variety of different looks. It is a bold beautiful modern way to wear fine jewelry. Please contact us for options to customize at all different price levels.
Strand measures 56"
Lock measures: 3CM X 1 1/2 CM with a thickness of 4MM Closure is 6MM
Jewels By Grace Lock on a 22" Rolo Chain
$ 4,602.00
18K White Gold Total Baguette Medium Lock with Diamonds on a 24" 14K white gold rolo chain
$ 8,115.00
Platinum Boomerang Lock on Platinum Chain
$ 3,152.00


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Hand Painted Furniture
We have a big collection of hand painted furniture in our agency. You will get various model kitchens at great price.
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"A vineyard ('wine farm' in South Africa) is a plantation of grape-bearing vines, grown mainly for winemaking, but also raisins, table grapes and non-alcoholic grape juice. The science, practice and study of vineyard production is known as viticulture.
A vineyard is often characterised by its terroir, a French term loosely translating as "a sense of place" that refers to the specific geographical and geological characteristics of grapevine plantations, which may be imparted in the wine.
Contributions by David Justin, MIckStephenson, and Agne27."


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ERIC Number: ED392860
Record Type: RIE
Publication Date: 1995-Mar
Pages: 24
Abstractor: N/A
Reference Count: N/A
Researching the Induction of Intending Elementary Science Teachers in Multicultural Settings: The Science Methods Component.
McGinnis, J. Randy; Davis, Rachel T.
This in-depth case study investigated the deliberate attempt to infuse a multicultural perspective throughout a science methods course required of all intending elementary teachers at a major research university. Intending teachers' perspectives of being inducted into a profession overtly signifying its commitment to multicultural awareness and action were documented during multicultural activities, class discussions, guided individual journal entries, group and individual semi-structured audiotaped interviews, and field notes taken during the 2-day a week school-based placement in multicultural settings. Data from an initial sample of 40 preservice teachers were analyzed through standard qualitative techniques to generate insights for science teacher educators. Implications for science teacher education focus on two assertions: the evolutionary aspect of multicultural awareness among intending elementary science teachers and the crucial influence of the science methods instructors. Appendix A contains journal writing questions, and Appendix B contains the study survey. Appendixes labeled E, F, and G contain interview protocols. (Contains 16 references.) (Author/SLD)
Publication Type: Reports - Research; Speeches/Meeting Papers
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Preservice Teachers
Note: Paper presented at the Annual Meeting of the National Science Teachers Association (Philadelphia, PA, March 23-26, 1995). For related paper, see UD 030 822. Appendices C and D not included with copy received by ERIC.


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Renaissance Hotels Lucedale hotels are provided below. Search for cheap and discount Renaissance Hotels hotel rooms in Lucedale, MS for your group or personal travels. We list the best Renaissance Hotels Lucedale properties so you can review the Lucedale Renaissance Hotels hotel list below to find the perfect place.
Our search will list below Lucedale, MS lodging properties that have similar quality of Renaissance Hotels.
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With a stay at The Battle House Renaissance Mobile Hotel & Spa, you'll be centrally located in Mobile, steps from Bienville Square and Mobile Cruise Terminal.


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Buddha at Sunset Ed Freeman Print
Photography Litho Print: Capture the beauty of the sunset with the motivational qualities of the Buddha with this stunning lithography print featuring the photography of Ed Freeman. This piece captures an old stone Buddha as he sits facing the setting sun on the horizon, surrounded by old stone carvings and weathered brick work. The horizon appears to be misty as the silhouettes of tall trees scatter the skyline. This charming print is sure to add a cultured feel to any room in your home with its religious, motivational and photographic charms.
- Size: 80cm x 60cm (31" x 24")
- Product Type: Print
- StockID: 16664
- View all Prints…
Bespoke Custom Framing
Our custom framing service offers high quality bespoke framing to display your picture at its finest. Each custom framed picture is carefully hand-framed to order by our expert craftsmen for an exceptional finish.
Out of Stock
Sorry, this product is temporarily out of stock. To be notified when this product is back in stock please email firstname.lastname@example.com


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1 medium butternut squash
1 Tbsp butter
1 cup coarsely chopped onion
2 cans chicken broth (I actually make my own broth, collecting it each time I bake chicken. Once I have a large yogurt container full I know I'll have enough broth for soup.)
1/2 tsp ground nutmeg
1 tsp garlic
1 tsp thyme
salt to taste
Peel squash and cut into pieces. Simmer them in the broth in a large pot over medium heat. Meanwhile, melt the butter in a pan and sauté the onion. Once that's sauteed you can add it to the pot. Simmer until squash is tender, then set it aside to cool slightly. Put it in a food processor or blender and mix until smooth. (I use a blender, doing the soup in small batches and then putting it into a large bowl. After that I transfer it back to the pot. Someday, I'll get a real food processor and save myself some steps!)
That's it. Easy and delicious. Freezes well, too, so you can put some aside to have on hand for a blustery day.


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|Francesca Battistelli's 'If We're Honest' debuts atop SoundScan
|Written by Jeremy Burns
|Monday, 12 May 2014 10:34 AM EDT
Francesca Battistelli's third studio album, If We're Honest (Fervent Records/Word Distribution), debuted at No. 1 on the SoundScan Christian Albums chart. If We're Honest is the GRAMMY-nominated, Dove Award-winning artist's third consecutive album to reach the top spot on the chart.
During the release's first week at retail, Battistelli was tapped by FOX News' FOX & Friends to perform the album's hit single, "Write Your Story," followed by a performance of the album's "When The Crazy Kicks In" on FOX's After the Show Show. She also performed the aforementioned songs and more from the new album on a 60-minute "Delivered Live" special on SiriusXM's "The Message" and for more than 3,000 people at a KSBJ Radio event in Houston. She was featured on the cover of the May issue of CCM Magazine as well as May/June issue of Christian Musician Magazine, and was recently interviewed or featured by USA Today, The Tennessean, The Christian Post and multiple radio outlets. She was also featured in a Family Christian Stores Facebook chat and a Google Hangout with NewReleaseTuesday.com.
The artist added another feather to her hat May 5 as the American Society of Composers, Authors and Publishers (ASCAP) awarded her a Christian Music Award for "Strangely Dim," a top 10 single from Hundred More Years: Deluxe Edition (Fervent/Word).
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See Details on eBay
Seller: forespeno (980) 99.7%,
Location: Portrush,
Ships to: GB & many other countries,
Item: 232135314046
New old stock 1.8 metre long 48 links per foot and 5mm link diameter
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Gracious Living at Queensway Located in the village of Hensall, Queensway, is a Retirement and a Long Term Care Home under one roof within a bright and cheerful atmosphere. Queensway is dedicated to providing a continuum of care to meet your retirement living with services and support as needed....
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Harbour Hill Retirement Suites is an assisted living community located in East Goderich, ON that understands what it means to create a real community. Set against the background of broad lake shores and beautiful forests, our community is a tranquil escape from the stress and hassles of daily living...
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Oakland Raiders
Oakland Raiders Tickets
It's good to be a Raiders fan in 2016. QB Derek Carr leads the Silver and Black offense featuring Michael Crabtree, Amari Cooper, and Latavius Murray. Khalil Mack holds down a talented Raiders defense with support from top veterans, like Reggie Nelson. With the Raiders offense and defense clicking, expect Oakland to make a run at the AFC West title and NFL playoffs. Now's your chance to get Raiders tickets to catch the action live. Get your Oakland Raiders tickets for home games at O.co Coliseum today and be a part of one of the wildest atmospheres in sports.
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Oakland Raiders Ticket Information
The Oakland Raiders beat the Buccaneers in overtime on October 30 to add another win to their now 6-2 record. The Raiders started the game slow, heading into the locker room at the half trialing 10-3. They came out ready to play in the second half, getting 14 points in the third quarter. However, the Buccaneers were not ready to step down and battled it out. The Raiders missed a field goal with just under two minutes left in regulation, sending the game into overtime. After several attempts, the Raiders scored after Derek Carr completed a 41-yard touchdown pass to Seth Roberts with two minutes left to play. The Raiders host the Broncos on November 6, and you can still get tickets to the game. Prices start at $165.
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You've found Raiders tickets, and we've got the best selection, no matter your seating preference. Going to the Oakland Raiders game with friends and family? If you're buying tickets at O. Co Coliseum, your seats will always be located together, unless otherwise noted. And don't worry, like our 100% guarantee says, your Oakland Raiders tickets will always be what you ordered or better—or your money back; always be in time for the Raiders game; always be authentic; and always be refunded if the game is canceled and not rescheduled. It's easy to buy tickets on the go too using our mobile site, or you can download the Razorgator app to get instant ticket delivery. For more information about the Oakland Raiders and the NFL, check out our blog to get the scoop on this year's AFC and NFC matchups, as well as NFL stadiums known for the best tailgate parties.
How Do I Buy Oakland Raiders Single Game Tickets?
On the Raiders page, choose the game, matchup or date to view available Raiders NFL tickets and the interactive O. Co Coliseum seating chart. Hover over any section on the seating chart to see a view from the seats in that section—a preview of where you will be sitting and what your view of the field will be like. Click on a section to filter Oakland Raiders ticket options, see how many seats are still available, and view current Raiders ticket prices. When you're ready to buy Raiders tickets, just click the orange "buy" button and they'll be added to your cart. If you already have an account, just log in and you're good to go. Otherwise, conveniently check out as a guest or with your PayPal account. Prefer to order Oakland Raiders football tickets by phone? No problem! You can call one of our experienced customer service reps at 800-542-4466 seven days a week. All Raiders digital tickets are delivered to your email as a pdf file and physical tickets are shipped overnight by FedEx.
Where are the Best Seats at O. Co Coliseum for Oakland Raiders Games?
First, find Oakland Raiders tickets in your price range. It's easy to do on Razorgator because our Oakland football tickets are listed from cheapest to most expensive, so you can quickly compare Raiders ticket prices to find the best Raiders ticket deals. If you have a specific section in mind, see views of the field from our O. Co Coliseum seating chart—whether it's behind the Raiders sideline, in the end zone, upper level or corner, or at the 50-yard line at O. Co Coliseum in Oakland, we make it easy to find the perfect seats before you purchase.
When Is The Best Time To Buy Oakland Raiders Tickets?
Oakland Raiders tickets are available as soon as the Raiders schedule is announced. If you don't want to miss out on the best seats this season, get tickets today in the section you want before they sell out at O. Co Coliseum. Raiders AFC West divisional matchups are always the most popular tickets, including Raiders vs Broncos tickets, Raiders vs Chiefs tickets and Raiders vs Chargers tickets. Oakland Raiders playoff tickets will be available if and when the Raiders advance to the NFL postseason. Razorgator has many Oakland Raiders digital tickets for games at O. Co Coliseum too, which are available to purchase up until kickoff and are conveniently delivered to your email. So, even when you need to buy last minute Raiders tickets, we've got you covered!
How Can I Save On Oakland Raiders Tickets?
The best way to find Raiders ticket deals is to sign up for the Razorgator newsletter. Always be one of the first Oakland Raiders fans to know about Raiders ticket on sale dates, plus deals and specials. Keep an eye out for price changes each week and stay-up-to date with Razorgator coupons and discounts for Oakland Raiders tickets.
What are Razorgator's Recommended Oakland Raiders Tickets?
Razorgator recommends buying Raiders tickets that are sold by our preferred Raiders ticket sellers. Each seller has proven to be a trusted, reliable Oakland Raiders ticket partner and continues to provide Razorgator's customers and Raiders fans with premium inventory and unbeatable service. These Oakland Raiders tickets are easily found by the gold star next to the section number in the Raiders ticket listings.
Oakland Raiders News
The Oakland Raiders let a big lead slip away against the Carolina Panthers on November 27. After being up by multiple touchdowns for most of the first half, Oakland gave up 18 unanswered points. When the going got tough, however, David Carr got going, and the young QB continued his stellar season by driving the Raiders down the field in the final minutes to set up a game-winning field goal. Oakland is looking to win the AFC West for the first time in more than a decade, and the team will have a chance to wrap things up at home on Christmas Eve when the Raiders host the Colts. Tickets for that game start as low as $133.
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The Oakland Raiders beat the Denver Broncos on November 6, bringing their record this season to 7-2. The Raiders started out strong and went on to easily win 30-20. Latavius Murray had three touchdowns and ran for 114 yards. Derek Carr also had a good game with no turnovers, 20 of 31 completed passes and a total of 184 yards. This was the first time in decades the Raiders hosted a primetime Sunday night game, and the crowd was excited to be a part of it. With a strong start, the team really came through and delivered to the crowd. The Raiders next play the Texans on Monday, November 21, in Mexico City, and you can still get tickets for $378 and up.
The Oakland Raiders finally did it! They defeated the Denver Broncos in a rivalry match at home. Although it may not sound like a huge feat, this is the first time Oakland has defeated Denver at O.CO Coliseum in five years. The victory was due largely in part to quarterback Derek Carr, who looked phenomenal as he threw pass after pass. Oakland is now number one in the AFC West Division, a fact that is hard to believe for many fans. The Raiders are on bye this week, but will return to O.CO for a clash with the Carolina Panthers next Sunday. Tickets are currently on sale and available for $133.
The Oakland Raiders haven't looked this good in many, many years. Right now the California team is leading the way in the AFC West division with five wins and two losses. They are tied for first with the Broncos percentage wise, but have the top spot because they defeated the Denver team. Last week the Raiders stormed the field to play against the Jacksonville Jaguars. Crabtree pulled down some tough passes, completing 96 receiving yards to lead the Raiders to the 33-16 win over the Jaguars. Get your tickets today to see what's going to happen when the Raiders take on the Tampa Bay Buccaneers on October 30.
Amidst continuing rumors that the Oakland Raiders could soon be moving their franchise to Las Vegas, the Raiders are struggling in the middle of a competitive NFL season. Following a 26-10 loss to Kansas City last week, it is starting to seem that the players could be just as distracted by the potential move as the fans are. Sluggish players and sloppy defense are issues that Oakland must address in practice this week before heading into Week 7's match against the Jaguars. That game will take place at EverBank Field in Jacksonville, Florida, this Sunday, Oct. 23. Great seats are just a few clicks away! Our prices start at $31.
The Oakland Raiders nudged past the Chargers for a 34-31 victory at home on October 9. Derek Carr completed 25 of 40 passes for a total of 317 yards and two touchdowns. It was a close game that went back and forth until the Raiders scored late in the game and took control with just two minutes left. The Raiders initially got ahead late in the third quarter on a fourth and 2 at the 21 when they passed for a touchdown and completed a 2-point conversion. The Raiders will look to add another victory to their 4-1 record when they host the Chiefs on October 16. There is still time to get tickets, with prices starting at $90.
The Oakland Raiders are clearly better on the road! Last week, they secured their third straight victory by beating the Baltimore Ravens 28 - 27 at M&T Bank Stadium. It was a devastating blow for the home crowd, as the defeat came down to the last minutes of the game. Oakland fans know how that feels, as the Raiders lost their only home game of the season against the Atlanta Falcons. Everyone is about to find out if the trend holds true on October 9, when Derek Carr and the Raiders take on Philip Rivers and the San Diego Chargers. The Chargers have looked shaky in recent matchups, which bodes well for Oakland. Tickets are $100 and up.
The Oakland Raiders beat the Titans by a touchdown on Sunday, September 25. The defense had a good game, making some big plays to assist in the win. They had one sack and forced the Titans to have three turnovers. This was important, since they had allowed more yards in their first two games than any other team since 1940. They were ahead through the whole game and were in control by the second quarter. Derek Carr had 21 out of 35 completed passes for 249 yards and one touchdown. The Raiders head to Baltimore to play the Ravens on October 2. There is still time to get your tickets, with prices starting at $52.
While there are a lot of things that can be debated after the first week of the NFL season, there is no question as to which coach made the gutsiest call. With 47 seconds left to play, the Oakland Raiders scored a touchdown, bringing them within one point of the New Orleans Saints. Instead of tying the game with a standard PAT, Raiders coach Jack Del Rio decided to go for the win with a two-point conversion. The risky call paid off and Oakland went on to win the game 35-34. The Raiders first divisional home game will be against the San Diego Chargers on October 9, and tickets for that game start as low as $91.
A lot of people have gotten used to counting the Oakland Raiders out, but that might be a big mistake in 2016. The rest of the AFC West is full of question marks and the Raiders have a quarterback in David Carr that might be the answer to so many seasons of offensive ineptitude. Amari Cooper is a legitimate star receiver, and if Latavius Murray can stay healthy and get the blocking he needs, he has the athletic ability to be one of the best backs in the league. People might assume the Atlanta Falcons are the better team, but don't be surprised if the Raiders come out with a win when the Dirty Birds come to Oakland on September 18. Tickets for that game start at $121.
Is this the year for the Oakland Raiders? Fans who show up to the Black Hole for every home game have been waiting for this team to turn things around for years, and the Raiders have been inching towards that breakout season. David Carr has established a relationship with his receiving corps and the young group showed poise throughout the preseason. Now it's time for the defensive unit to start playing as a team so they don't put the offense in an early hole. The Raiders' first home game will be against an excellent offensive team when the Atlanta Falcons come to town on September 18. Tickets for that game start as low as $123.
Training camp is a wrap for the Oakland Raiders, and now it's up to Coach Jack Del Rio and the rest of the team management to finalize the 53-man roster. Del Rio has plenty to keep in mind—quarterback Derek Carr, corners TJ Carrie and Kenneth Durden, kicker Giorgio Tavecchio and linebacker Daren Bates all put on great performances at camp. It seems that team staff also performed well; whether players were there for their first or twentieth time, all spoke very positively about the experience. Hopefully the lessons learned and the progress made this offseason will prove fruitful as the Raiders get ready for the regular season. Tickets for Green Bay versus Oakland on Thursday, Aug. 18, are on sale now starting at $28 apiece.
It's off to the races for the 2016 NFL preseason, and things so far have gone smoothly for the Oakland Raiders. Their first preseason game of the year ended in a 31-10 victory over the Arizona Cardinals, a promising start after an offseason spent rebuilding the team's defense. Unfortunately, Mario Edwards strained a hip during the game and will miss 4-6 weeks as he recovers. Tight end Gabe Holmes was also injured, likely for the remainder of the season. Up next, the Raiders will head to Lambeau Field to face the Green Bay Packers in Cheesehead country. Tickets to Thursday's game (Aug. 18) are available from us now starting at just $23 each!
It's never too soon to get excited about football season, especially when the first pre-season games are only two months away! The Oakland Raiders will kick off their 2016-2017 NFL season on Saturday, August 27, when they host the Tennessee Titans at O.CO Coliseum. You can secure your spot at the opening game for as little as $14. The Raiders will play their first official home game of the regular season on Sunday, September 18 when they play the Atlanta Falcons. Tickets to the first match of the regular season are currently available for purchase starting at prices as low as $92. Buy yours now and be there for all the action!
Oakland Raiders Matchups
Raiders vs Broncos Tickets
Sharing the same division since 1960 the Raiders and the Broncos have had some amazing moments in their series. While the Broncos may have had the most recent success it is actually the Raiders who have the edge in the overall series. Featuring a 61-50-2 record over their rivals to the east, the Raiders are primed to take a big step forward behind quarterback Derek Carr and the rest of Raider Nation. Raiders fans better grab their tickets now as they play host to the Broncos on Sunday November 6th.
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Raiders vs Chiefs Tickets
The Raiders have been playing the Chiefs since the AFL began in 1960 and these two teams simply don't like playing each other. The Raiders dominated the Chiefs during the seventies and eighties, accruing wins and three Super Bowls. While the Chiefs have had resurgence in the 90's and 2000's the Raiders still have more division championships with twelve compared to the Chiefs six. Raider Nation be sure to come out and show your pride as the Raiders play host to the Chiefs Sunday, October 16th at O.Co Coliseum.
Raiders vs Chargers Tickets
Sharing the same division since 1960, the "Battle for California" has always been a tumultuous one with the two teams meeting 113 total times including playoffs. Raiders fans know who has the edge with the Raiders wining 61 games with 50 losses and 2 ties. The Oakland Raiders also have the edge with overall Super Bowls, accruing three over the years compared to the Chargers zero. Raider nation will come out and support the Raiders to "just win, baby" as they host the Chargers on Sunday October 9th at O.Co Coliseum in Oakland.
Oakland Raiders Schedule, Game Times & TV Channels
Need to know when the Oakland Raiders are playing this season? Razorgator has you covered with the complete 2016 Oakland Raiders schedule, including dates, opponents, game times and TV channels.
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Sun, Sep 11
@ New Orleans
Sun, Sep 18
vs Atlanta
Sun, Sep 25
@ Tennessee
Sun, Oct 2
@ Baltimore
Sun, Oct 9
vs San Diego
Sun, Oct 16
vs Kansas City
Sun, Oct 23
@ Jacksonville
Sun, Oct 30
@ Tampa Bay
Sun, Nov 6
vs Denver
Mon, Nov 21
vs Houston
8:30 PM ESPN/WatchESPN
Sun, Nov 27
vs Carolina
Sun, Dec 4
vs Buffalo
Thu, Dec 8
@ Kansas City
Sun, Dec 18
@ San Diego
Sat, Dec 24
vs Indianapolis
Sun, Jan 1
@ Denver
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June 9, 2009
GREGORY V. BALDWIN, PLAINTIFF,v.CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. By Order (docket # 9), filed on 5/18/09, plaintiff's pro se complaint, filed on 3/16/09, was found appropriate for service as to the following five defendants for a violation of his rights under the Eighth Amendment: Officers J. Fannon and M. Gray; Sergeant R. Barton; the Deputy Warden*fn1 and Acting Warden of High Desert State Prison.*fn2 Pending before the court is plaintiff's 5/13/09, "motion for emergency injunctive relief," seeking a prison transfer, which the court construed as a motion for a temporary restraining order (TRO) and which the undersigned ordered served upon the Office of the Attorney General, on 5/18/09 (docket # 12), along with a copy of the original complaint. A response was provided by the Office of the Attorney General as a special appearance, expressly without waiving service upon defendants, was filed timely on 6/02/09. Docket # 17. Following a careful review, the court recommends denial of the motion. Legal Standard for Injunctive Relief
The purpose in issuing a temporary restraining order is to preserve the status quo pending a fuller hearing. The cases contain limited discussion of the standards for issuing a temporary restraining order due to the fact that very few such orders can be appealed prior to the hearing on a preliminary injunction. It is apparent, however, that requests for temporary restraining orders which are not ex parte and without notice are governed by the same general standards that govern the issuance of a preliminary injunction. See New Motor Vehicle Bd. v. Orrin W. Fox Co., 434 U.S. 1345, 1347 n.2 (1977) (Rehnquist, J.); Los Angeles Unified Sch. Dist. v. United States Dist. Court, 650 F.2d 1004, 1008 (9th Cir. 1981) (Ferguson, J. dissenting); Century Time Ltd. v. Interchron Ltd., 729 F. Supp. 366, 368 (S.D.N.Y. 1990). In many cases the emphasis of the court is directed to irreparable harm and the balance of hardships because the merits of a controversy are often difficult to ascertain and adjudicate on short notice.
Preliminary Injunction Standard
The legal principles applicable to a request for injunctive relief are well established. To prevail, the moving party must show either a likelihood of success on the merits and the possibility of irreparable injury, or that serious questions are raised and the balance of hardships tips sharply in the movant's favor. See Coalition for Economic Equity v. Wilson, 122 F.3d 692, 700 (9th Cir. 1997); Oakland Tribune, Inc. v. Chronicle Publ'g Co., 762 F.2d 1374, 1376 (9th Cir. 1985). The two formulations represent two points on a sliding scale with the focal point being the degree of irreparable injury shown. Oakland Tribune, 762 F.2d at 1376. "Under any formulation of the test, plaintiff must demonstrate that there exists a significant threat of irreparable injury." Id. In the absence of a significant showing of possible irreparable harm, the court need not reach the issue of likelihood of success on the merits. Id.
In cases brought by prisoners involving conditions of confinement, any preliminary injunction "must be narrowly drawn, extend no further than necessary to correct the harm the court finds requires preliminary relief, and be the least intrusive means necessary to correct the harm." 18 U.S.C. § 3626(a)(2).
Plaintiff's Underlying Allegations
The gravamen of plaintiff's complaint is that he was subjected to excessive force by defendants Fannon and Gray at High Desert State Prison (HDSP) on 2/29/08, despite having been ordered by a physician to be put on single cell status, pending the outcome of neck surgery, and despite having been cautioned by a Mercy Hospital physician (Dr. Rahimifar) that if he were hit in the head one time, he would never walk again. Complaint, pp. 3-4.
Plaintiff claims that defendant Fannon told plaintiff on 2/29/08 that he would be moved to the gym, but plaintiff told Fannon that, due to his severe neck injury, he would go to administrative segregation (ad seg or ASU) instead. Plaintiff was then taken in waist restraints to the program office where defendant Barton told plaintiff that he did not "give a s- - t" about plaintiff's neck injury and that HDSP made its own rules. Id.
When plaintiff, still in waist restraints, saw that he was then being taken to the gym, he stopped walking; thereafter, defendants Fannon and Gray forced plaintiff into the gym, smashing his head into a door, after which he was taken to Lassen Medical Facility where a doctor told him he had suffered a severe cervical strain. (Plaintiff notes that he has a pending § 1983 action in the Ninth Circuit with respect to the accident that caused the original C-2 fracture at Lancaster State Prison in 2005). Id., at 4
Plaintiff was told by the deputy warden that he does not care that plaintiff was "fil[]ing charges against the officers," and that he should do as he was told and he would not get hurt. Plaintiff states that he fears for his life and safety and is fearful of retaliation. Plaintiff asks for money damages from each defendant (including the warden for "let[t]ing this happen"). Plaintiff also asks for injunctive relief in the form of an emergency transfer. (Plaintiff also asks that lost time credits be restored). Id., at 3-4.
Among the exhibits plaintiff attaches to his complaint are a copy of an HDSP inmate appeal he filed through to the third level denial, regarding his request for a transfer and appealing the incident giving rise to the instant cause of action (Complaint, pp. 17- 32); a copy of classification chrono, showing plaintiff had a classification score of 41 as of 12/26/07, and noting that he was unassigned at that time due to medical concerns (Complaint, p. 33); a copy of letter directed to a an Internal Affairs special agent in Rancho Cucamonga, complaining of the alleged actions by defendants Fannon and Gray herein (Complaint, pp. 35-36); a copy of a Disability Placement Program form, dated 6/12/08, showing plaintiff is an intermittent wheelchair user, restricted to a lower bunk and no stairs (Complaint, p. 37), and copy of 2/29/08 rules violation report which eventually resulted in plaintiff's being found guilty of attempted battery on a peace officer (defendant Fannon, herein) in the apparent incident giving rise to this cause of action in an April, 2008, disciplinary hearing, for which plaintiff was assessed a 150-day credit loss as well as a SHU (security housing unit) term. Complaint, pp. 40 - 76.
Plaintiff's Motion
In his motion/declaration for preliminary injunctive relief, plaintiff asks the court for an emergency transfer because, on 4/27/09, as defendant Fannon escorted plaintiff to the B-yard medical department for plaintiff's diabetes shot, Fannon made certain provocative remarks to plaintiff, including: "[t]he last time Mr. Baldwin and I [met], I left a lasting impression on him." Plaintiff asserts that the referenced occasion occurred on 2/29/08, when Fannon smashed him into the wall which resulted in plaintiff's being put in a wheelchair. Plaintiff claims that he is so fearful that he only comes out of his cell when he needs to, and he believes that he is being set up at HDSP. Motion, p. 1.
Plaintiff asks to be transferred to an S.N.Y (sensitive needs yard), Level III facility. Although he notes that his current placement scale is at 53, he claims that he could obtain a placement score of 50 at any time, and that when he was transferred to HDSP, his placement score was 41. Plaintiff cites CAL. CODE REGS. tit.xv, § 3375.1(A)(3), which states that "[a]n inmate with a placement score of 28 through 51 shall be placed in a Level III facility." Id., at 2.
In response to the court's order and on behalf of the as-yet-unserved defendants, Supervising Deputy Attorney General (DAG) Monica Anderson represents that HDSP was contacted to determine whether plaintiff was at risk or had been threatened. Opposition (Opp.), p. 2. Exh. F to the Opp. is a copy of plaintiff's inmate appeal seeking a transfer to a Level III facility in February of 2008 (plaintiff also includes a copy of this appeal with his complaint). The DAG states that plaintiff was told during the appeal process that he would be moving to the gym, but that plaintiff was placed in the administrative segregation unit (ASU). Opp., p. 2. Plaintiff grieved the treatment he received from defendants Fannon and Gray on 2/29/08 (the same appeal attached by plaintiff to his complaint). The DAG provides evidence of plaintiff's having been placed in the ASU on 2/29/08, after he refused to move to the gym and after allegedly attempting to assault staff. Exh. A to Opp. (128 G classification chrono). Exh. B to the Opp. is a copy of the Rules Violation Report dated 2/29/08, (also submitted by plaintiff with his complaint). Exh. C is a copy of a 4/24/08 classification chrono showing plaintiff was placed in the ASU on 2/29/08 and that a six-month SHU term was imposed as a result of the 2/29/08 RVR. Exh. D to the Opp. shows that plaintiff was seen by a classification committee, on 7/10/08, which recommended plaintiff be housed at HDSP Level IV SNY and noted that plaintiff's classification score had been raised placing him at Level IV due to the disciplinary action. The DAG indicates that as of 7/15/08, plaintiff has been released to the same yard to which defendant Fannon is assigned. Opp., p. 3.
The DAG indicates that, according to a Captain Davey (not a defendant), plaintiff has not approached any staff with safety concerns and that the captain assigned Correctional Lieutenant R. Gamberg (also not a defendant) to interview plaintiff. Opp., p. 3. Exh. G to the Opp. is a declaration by Lt. Gamberg, assigned to the Facility B Level IV SNY at HDSP. Lt. Gamberg declares that he conducted a confidential interview with plaintiff at the instruction of his captain with regard to plaintiff's alleged safety concerns. Lt. Gamberg states that plaintiff told him he did not have any issues with inmates on the Facility B yard. On further questioning, plaintiff told Gamberg that he has a pending lawsuit against defendants Fannon and Gray, but that everything is "'ok.'" When plaintiff was asked whether any B facility staff had treated him in an unprofessional manner, assaulted or harmed him, he said, according to Gamberg, "that no, he does not really talk to them and that he just goes to and from chow." When asked if any staff had threatened or treated him unprofessionally, he replied in the negative as well, according to Lt. Gamberg.
Eighth Amendment Excessive Force Legal Standard
"[W]henever prison officials stand accused of using excessive physical force in violation of the [Eighth Amendment], the core judicial inquiry is...whether force was applied in a good-faith effort to maintain or restore discipline, or maliciously and sadistically to cause harm." Hudson v. McMillian, 503 U.S. 1, 6-7,112 S.Ct. 995, 999 (1992), citing Whitley v. Albers, 475 U.S. 312, 106 S.Ct. 1078 (1986). When determining whether the force was excessive, we look to the "extent of the injury..., the need for application of force, the relationship between that need and the amount of force used, the threat 'reasonably perceived by the responsible officials,' and 'any efforts made to temper the severity of a forceful response.'" Hudson, supra, at 7, 112 S.Ct. at 999.
While de minimis uses of physical force generally do not implicate the Eighth Amendment, significant injury need not be evident in the context of an excessive force claim, because "[w]hen prison officials maliciously and sadistically use force to cause harm, contemporary standards of decency always are violated." Hudson, supra, at 9, 112 S.Ct. at 1000, citing Whitley, at 327, 106 S.Ct., at 1088.
Although it is not entirely clear, it appears that plaintiff may be fearful of the defendants' actions, at least in part, as a result of filing a lawsuit against them. The court is mindful that verbal harassment alone is insufficient to state a claim of retaliation, see Oltarzewski v. Ruggiero, 830 F.2d 136, 139 (9th Cir. 1987), and even threats of bodily injury are insufficient, because a mere naked threat is not the equivalent of doing the act itself, see Gaut v. Sunn, 810 F.2d 923, 925 (9th Cir. 1987). It is possible, in this instance, that defendant Fannon's alleged remarks carried with it for plaintiff the sting of what he alleges in his complaint transpired earlier, i.e., that it is the claimed actions of defendants Fannon and Gray which he alleges resulted in injury serious enough for plaintiff to require a wheelchair.
On this showing, however, where plaintiff evidently did not provide any subsequent information to Lt. Gamberg to support his claim of being fearful of defendant Fannon, or any other prison staff, when given the opportunity, undermines the sense of the immediacy of the threat he states that he feels. It is possible that plaintiff did not feel free to express his concerns, whether legitimate or simply anxiety-driven, to this prison official, despite the apparent confidentiality of the interview; however, the court cannot base its ruling simply on a mere possibility or speculation. While plaintiff may have felt intimidated by the words that defendant Fannon allegedly used with reference to the last occasion when the two had met, the same words could reasonably be interpreted as disrespectful, scoffing or contemptuous, and, while arguably highly insensitive and inappropriate, in such a light, they do not appear on the face of it to be sufficiently menacing, without more then this single interaction and exchange, to warrant any form of an injunction from this court at this time. That is, plaintiff simply has not, under the circumstances, made a sufficient showing that he is under "a significant threat of irreparable injury." Oakland Tribune, 762 F.2d at 1376. Therefore, the court must recommend denial of the present motion.
Accordingly, IT IS ORDERED that the Clerk of the Court, in addition to serving plaintiff by U.S. mail, is to serve the instant Order and Findings and Recommendations electronically upon Monica N. Anderson, Supervising Deputy Attorney General.
IT IS RECOMMENDED that plaintiff's motion for emergency injunctive relief, filed on 5/13/09 (docket # 8), seeking to be transferred to another prison facility, be DENIED.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty days after being served with these findings and recommendations, plaintiff may file written objections with the court. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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May 31, 2012
JENNIE M. GARELLI,PLAINTIFFv.AMERICAN CANCER SOCIETY- EAST CENTRAL DIVISION, INC., DEFENDANT
Background and Procedural History.
The complaint was filed on December 15, 2011. An amended complaint (Doc. 9) was filed. The defendant filed a motion to dismiss the amended complaint. The motion to dismiss has been briefed; a brief in support and a brief in opposition were filed.
The claims are claims of hostile environment sexual harassment and quid pro quo sexual harassment brought under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and a claim of retaliation against the plaintiff for exercising her Title VII rights.
The Amended Complaint.
The amended complaint (Doc. 9) alleges that plaintiff Jennifer M. Garelli is employed by defendant American Cancer Society-East Central Division, Inc. Her job is Community Cancer Control Specialist. James Kane is the Director of Income Development. Kane directly assigned work responsibilities to Garelli, and he was under the direct supervision of Regional Vice President JoAnn Sessa, who had authority to take positive or negative actions affecting Garelli's employment and career.
In November of 2010, Kane texted Garelli and asked her where she was. She told Kane where she was and that she was having dinner. He asked her whether he could stop over. She told him no. But he showed up, 15 minutes later. He was clearly intoxicated, and he pulled Garelli without her consent into a hug. He tried to order a beer for her, and he talked about work. He complimented her work performance. He told her that everyone in the office thought that she was ambitious. He told her that everyone thought that she was sexually involved with him. She was shocked by that statement. He told her that he could have sex with her if he wanted. He complimented her upon her physical appearance. He disparaged her boyfriend. He told her that if she were to sleep with him he could make things better for her in the workplace. He told her that she was not well liked by fellow workers and that if she were to sleep with him he could ensure that she would be well liked.
Garelli believed that Kane could influence Sessa as to matters affecting her career. Garelli rejected all advances by Kane.
Garelli's Director and Supervisor is Jim Mathieson. Garelli reported Kane's conduct to Mathieson. Mathieson instructed her to contact Human Resources. On November 17, 2010 Garelli met with Sessa and Michelle Ricks, a Human Resources representative. Garelli was told that the incident did not constitute sexual harassment because she "did not properly say no" and that she would be terminated if she talked about the incident to anyone. Ricks told Garelli that directors such as Kane and the employees were encouraged to socialize. Ricks characterized Kane's conduct as socialization. Garelli felt that Ricks implicitly pressured her to undergo future harassment.
After the November 17, 2010 meeting, Garelli was "pulled into a retaliatory and harassing meeting with Ricks", at least once a month for three months. Ricks laughed at her and mocked her. Ricks berated her. Ricks told her that it was her fault that Kane had harassed her. Ricks yelled at her. Ricks caused her to cry.
Kane was prohibited by the defendant from any interaction with Garelli. This was done by the employer in an effort to make Garelli's job more difficult. But, also, Ricks and Sessa attempted to force Garelli to interact and to meet with Kane to discuss professional conduct. She refused to meet with Kane. She was badgered and intimidated by Sessa and Ricks.
Garelli's work performance became difficult. She had previously had daily interactions with Kane. Now the defendant was deliberately creating obstacles to her performance of her fundraising obligations.
Ricks badgered Garelli and laughed at her on a regular basis. Garelli suffered emotional distress. It was difficult for her to go to work.
The amended complaint contains a count of hostile workplace environment sexual harassment, a count of quid pro quo sexual harassment, and a count of retaliation. Each count is brought under Title VII of the Civil Rights Act of 1964.
A motion to dismiss a complaint for failure to state a claim upon which relief can be granted brought pursuant to Fed.R.Civ.P. 12(b)(6) challenges the legal sufficiency of the plaintiff's complaint. In deciding a motion to dismiss the complaint, we must accept all well-pleaded factual allegations as true, "construe the complaint in the light most favorable to the plaintiff, and determine whether, under any reasonable reading of the complaint, the plaintiff may be entitled to relief." McTernan v. City of York, 564 F.3d 636, 646 (3d Cir. 2009)(quoting Phillips v. County of Allegheny, 515 F.3d 224, 233 (3d Cir. 2008)).
"Under Federal Rule of Civil Procedure 8(a)(2), a pleading must contain a 'short and plain statement of the claim showing that the pleader is entitled to relief.'" Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009). The statement required by Rule 8(a)(2) must give the defendant fair notice of what the plaintiff's claim is and of the grounds upon which it rests. Erickson v. Pardus, 551 U.S. 89, 93 (2007). Detailed factual allegations are not required. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). But more is required than labels, conclusions, and a formulaic recitation of the elements of a cause of action. Id. "In other words, a complaint must do more than allege the plaintiff's entitlement to relief." Fowler v. UPMC Shadyside, 578 F.3d 203, 211 (3d Cir. 2009). "A complaint has to "show" such an entitlement with its facts." Id. "While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations." Ashcroft, supra, 129 S.Ct. at 1950. "When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief." Id.
"To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft, supra, 129 S.Ct. at 1949 (quoting Twombly, supra, 550 U.S. at 570). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Id. "The plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. But "a complaint need not pin plaintiff's claim for relief to a precise legal theory." Skinner v. Switzer, 131 S.Ct. 1289, 1296 (2011). Rule 8(a)(2) "requires only a plausible 'short and plain' statement of the plaintiff's claim, not an exposition of his legal argument." Id. The factual detail necessary to satisfy the standard will vary depending on the case. In re Insurance Brokerage Antitrust Litigation, 618 F.3d 300, 320 n.18 (3d Cir. 2010).
The amended complaint alleges a brief episode of offensive conduct by a male employee interacting away from the workplace with a female employee. The conduct as alleged included an unwelcome and unwanted sexual proposition and statements implying that the success or failure of the plaintiff in the workplace would be affected by the plaintiff's election to or not to fulfill the offensive requests of the male employee.
The amended complaint may be construed to state a claim that one or more of the plaintiff's superiors in the defendant employer organization did not accept the plaintiff's characterization of the conduct as sexual harassment, and that they caused her to be subjected to negative workplace conditions for having reported the incident.
An actionable claim of hostile work environment sexual harassment requires a showing of harassment that is so severe or pervasive that it alters the conditions of the person's employment and creates an abusive working environment. Clark County Sch. Dist. v. Breeden, 532 U.S. 268, 270-271 (2001). The plaintiff's amended complaint does not describe harassment that was pervasive. The alleged interaction with Kane was a single incident. The subsequent meetings with Sessa and Ricks are not reasonably seen to have constituted severe and pervasive harassment.
A cause of action of quid pro quo sexual harassment has as an element that a request for sexual favors has been explicitly or implicitly made a term or condition of employment. Bonenberger v. Plymouth Twp., 132 F.3d 20, 27 (3d Cir. 1997). The plaintiff's claim involves no actual adverse employment action against her based upon her declination of the other employee's advances, no threat of an adverse employment action against her for declining, and no implicit or explicit promise of any particular positive employment action. Kane's implicit promise to cause positive employment actions, linked to Kane's purported ability to influence Sessa, does not reasonably support a plausible inference that sexual favors had been made a condition of Garelli's employment.
The plaintiff's complaint does allege facts that, if found true, could be found by the fact finder to establish that she was retaliated against for engaging in protected activity. A cause of action for retaliation must include a showing of an adverse employment action. Moore v. City of Philadelphia, 461 F.3d 331 (3d Cir. 2006). It is plausible that the meetings with Ricks, involving badgering and berating of the plaintiff by Ricks, may be found to constitute an adverse employment action even though, as we stated above, they did not amount to severe or pervasive harassment and did not alter the conditions of her employment.
The amended complaint does not state a claim upon which relief can be granted of a hostile work environment sexual harassment or quid pro quo sexual harassment. It does state a claim upon which relief can be granted of retaliation against the plaintiff for exercising her right to report a claim of sexual harassment. Accordingly, it will be ordered that the defendant's motion to dismiss the complaint for failure to state a claim upon which relief can be granted will be granted in part and denied in part. A separate order will be entered.
J. Andrew Smyser Magistrate Judge
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