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Details of this Paper
C++ programming assignment
The text files boynames.txt and girlnames.txt contain a list of the 1,000 most popular boy and girl names in the United States for the year 2003 as compiled by the Social Security Administration.;These are blank-delimited files where the most popular name is listed first, the second most popular name is listed second, and so on to the 1,000th most popular name, which is listed last. Each line consists of the first name, followed by a blank space, followed by the number of registered births in the year using that name. For example, the girlnames.txt file begins with;Emily 25494;Emma 22532;Madison 19986;This indicates that Emily is the most popular name with 25,494 registered namings, Emma is the second most popular with 22,532, and Madison is the third most popular with 19,986.;Write a program that reads both the girl?s and boy?s files into memory using arrays (or vectors) of (pointers to) Name objects (shown below). Then, allow the user to input a name. The program should search through both arrays and, when there is a match, output the popularity and number of namings. The program should also indicate if there is no match.;For example, if the user enters the name ?Justice,? the program should output;Justice is ranked 456 in popularity among girls with 655 namings.;Justice is ranked 401 in popularity among boys with 653 namings.;If the user enters the name ?Walter,? the program should output;Walter is not ranked among the top 1000 girl names.;Walter is ranked 356 in popularity among boys with 775 namings.;Overload the extraction (>>) operator for the Name object class. Note that you will also have to define a default constructor for the Name object class, in which the name defaults to the empty string ("") or a string such as "NO NAME", and the popularity defaults to a value such as 0 or -1.;You can then use the overloaded extraction operator to read Name object data from the input stream directly.;Define the Name object class in a header file (.h) and its functions in a source file (.cpp).;In addition, define both the object class and the functions in a custom namespace (e.g., you can use your name).;Once you are done, submit your source code (.h and.cpp) files.
Paper#65069 | Written in 18-Jul-2015Price : $37


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Vasca Idromassaggio Pulita
Cleaning jetted tub
How to get rid of those hard water deposits that are just too built up for vinegar. Especially handy for cleaning the jets in bathtubs.
i might need this one day...How To Clean Whirlpool Jets 1. Fill tub with hot water to a couple inches above jets. 2. Pour in about a half cup of bleach and a tablespoon of powdered cascade dishwashing detergent 3. Run the jets for 15 minutes with the air knob thing open all the way so it gives the highest turbulence 4. observe gunk and try not to choke 8] 5. empty tub 6. Refill with cold water to above jets 7. Run jets to rinse - 10 minutes Do this twice a month.
How to Clean a Jetted Tub 1
Clean Jetted Tub, Using This Guide, Once or Twice per Year
Why Should You Be Cleaning a Jetted Bathtub... Why should you be cleaning your jetted bathtub? Dirty bath water contains remaining soap, skin cells, body oils and bacteria that are naturally pres
Tips on how to clean the mildew and bacteria out of the jets in your bathtub.
How to Clean a Jetted Tub 1
How to Clean a Jetted tub.?. With dishwasher tablets. good to know bc I soo need to do this to my jacuzzi.
For jacuzzi tubs, get all the jets super clean by using a coffee filter and rubber band over the return pump drain. The coffee filter will collect any debris or gunk that comes out while you circulate bleach through the jets with HOT water for about 35 minutes. Use cascade or comet to keep bubbles from overwhelming the area.

subset: commoncrawl


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Welcome to HMG Fitness!
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Finding and buying a used car from private owner in Fort Myers is easy and local. Anyone in Fort Myers can easily list their car online for sale, and it's FREE!
Use the car finder on the left to find all used cars for sale by owner in Fort Myers and surrounding areas.


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Contact Us: Saga Charitable Trust, Enbrook Park, Folkestone, Kent CT20 3SETel: 0800 firstname.lastname@example.com
Find out more on the Fundraising Standards Board's website.
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Find out how to make your gift to the Saga Charitable Trust worth more at no extra cost to you.
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ARLINGTON, Texas -- Tight end Martellus Bennett wore a walking boot and a frown as he exited Cowboys Stadium.
Bennett suffered a sprained right ankle during the 34-27 loss to the Titans. It was serious enough that he had to have teammates help him from his locker to the showers.
It is not the same ankle that caused Bennett to miss extended time during training camp.
The normally talkative Bennett declined comment as he left the locker room.
Bennett finished with two catches for 19 yards. Two of the other three passes intended for him were intercepeted.
One of those interceptions could have been Bennett's first touchdown since his rookie season. Tony Romo's pass on the seam route was a little high, but Bennett got both hands on the ball, which Titans safety Michael Griffin caught on the rebound in the end zone.


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You are here
Trade Compliance Manager EMEA
Bullet points
- Knowledge of ITAR and EAR essential
- Knowledge of EU customs compliance essential
About Our Client
My client designs, manufactures and provides aftermarket support of key fuel system components for the major aircraft manufacturers including Boeing and Airbus.
Job Description
Trade Compliance Manager will liaise with key personnel across three sites within the Sales and Marketing, Program Management, Engineering, Supply Chain, and Commercial functions who are involved directly or indirectly with Trade Compliance covering both Customs and Export Controls Compliance. The primary function of this position is to oversee the day-to-day importing, exporting and customs related activities across the Sites.
The Successful Applicant
The canidate will be able to demonstrate experiance of the following:
- Direct import and/or export compliance experience in a major corporation, service company, or law firm
- Subject-matter expertise in all relevant areas of trade compliance
- Strong working knowledge of UK Export Controls and export licensing requirements, including liaison with Export Control Organisation and Compliance Inspections
- Strong practical experience of managing both ITAR and EAR within a European program environment
- Experience in drafting formal correspondence with government agencies
- Proven ability to identify areas where process improvement is required, to develop and implement those improvements
- Proven use of Six-Sigma tools to drive process improvements is preferred
- Working knowledge regarding the service capabilities, roles and responsibilities of customs brokers, freight forwarders and logistics service providers
What's on Offer


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Woolpert is a national architecture, engineering and geospatial (AEG) firm that delivers value to clients by strategically blending enginee ring excellence with leading-edge technology and geospatial applications. With a dynamic R&D department, Woolpert w ... more
June 2005
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text: Home Gallery Video Wachovia Securities Foreign Film Wachovia Securities: Foreign Film Published on Jul 23, 2002 Editor's Pick Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateJul 23, 2002Agency:Mullen Winston-SalemArt Director:Denzil StricklandArt Director:Keith RoseEditor:Jay FriedkinDirector:Marcus NispelCopywriter:Mark FisherCopywriter:Byron WestCreative Director:Denzil StricklandProduction Company:Morton Jankel ZanderMusic Company:Primal ScreamEditorial Company:Harley's HouseClient:Wachovia Securities Latest Creativity News on Ad Age RSA, Pixeldust, Saville Add Directorial Talent Six Things You Didn't Know About Preacher's Rob Baird Deadline Extended for Ad Age A-List Submissions Ad Age Reports Partner White Paper 5 Filmmakers Share Their Advice on Creating Must-Watch Branded Video Discover how five filmmakers negotiate the expanding field of branded video and learn how they produce compelling content. Brought to you by Shutterstock Premier. Learn more Related work Wachovia Securities: Diner Mullen Winston-Salem Wachovia Securities: Canoe Mullen Winston-Salem Wachovia Securities: Handlebars Mullen Winston-Salem Want to see your work in our gallery? Submit now


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Rees, SJ and Juniper, MP (2007) The effect of surface tension on the absolute/convective stability of confined cylindrical jets and wakes. In: 60th Annual Meeting of the APS Division of Fluid Dynamics, 2007-11-18 to 2007-11-20, Salt Lake City, Utah, USA.Full text not available from this repository.
|Item Type:
|Conference or Workshop Item (UNSPECIFIED)
|Div A > Energy
|Depositing User:
|Unnamed user with email firstname.lastname@example.com
|Date Deposited:
|09 Dec 2016 18:22
|Last Modified:
|10 Dec 2016 22:32


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At the time of the birth of a firstborn child, 60% of mothers and 80% of fathers do not feel confident in feeling adequately prepared for their new role of being a parent (according to a UNICEF survey). Are you desperate to stop the never-ending crying of your infant? Do you ever feel guilty that you're the fortunate parent of a beautiful baby who sometimes just drives you completely insane? Are the sleepless nights, poop-filled days, and the lack of support from your significant other leaving you overwhelmed? Well, at some point during the first few weeks almost every mom will find herself completely exhausted, praying for the crying to stop, and realizing that she never thought it would be that hard.... I have written this very short guide to share my tips as a mother of two on how to not just survive but actually ENJOY the first year, learn how to navigate newborn's feeding habits, easily calm the cries, and help baby to sleep better. You can read a lot on parenting an infant, but no matter how much you want to prepare yourself, your baby will always be unique and bring up unexpected challenges. Therefore I believe that it all comes down to learning the basics on how to approach this beautiful adventure the right way: 1. If you can learn to better deal with stress in general, you will be a more energized and relaxed parent. 2. Babies have very basic needs: eat, sleep, comfort, and love. Master this and you will be a hero on the battlefields of parenting. This book does not teach you in detail how to handle every situation with a baby such as how to bathe them, what vaccines are needed when, or how to put on a diaper properly. You should refer to a complete newborn guide for that. This book is written for busy new moms. It only focuses on the essentials: your mindset and the basics for the baby (feeding, sleeping, and comforting). Here you will learn: - how to feel less irritable, more relaxed, and be more patient with your little one - how to stop feeling guilty if you don't love every second or always feel ecstatic as you thought a new mother should - tricks to calm and comfort almost any cries - how to bring new habits into your life that will help your baby fall asleep and stay asleep - understand the basics of infant feedings More important than anything else, you can become more confident about your own mommy instincts and react with more patience. Don't blindly enter into parenthood and don't let the first months ruin your perceptions of yourself as a parent. The mixed feelings you can experience during this time are probably the most difficult part for any new parent. Don't be afraid to acknowledge those different emotions, and hopefully even learn how to share them. Take the first step to inform yourself and feel immediately relieved that you aren't the only one dealing with the ups and downs of life with a newborn. It's time to become a more relaxed parent! Free Gift This book also comes with very useful cards of parenting tips (for example, learn how to swaddle a baby and calm instantly almost any cries).
About Anna AndersenHowever, at the moment we simply cannot offer you information regarding the particular Publisher Anna Andersen. Nevertheless doesn't imply that individuals fail on her series. We all consult that you simply allow us to in this issue. Should you have down time and want will certainly hugely value in the event you present to you your details. As soon as getting this kind of comments and data via users about the Zen Parents, Happy Baby Author Anna Andersen, we all initial her check. After we all ensure that most true, just post it. Many of us understand why enable along with many thanks upfront.
Details Book
|Anna Andersen
|Data Published
|03 December 2014
|Format Book
|PDF, Epub, DOCx, TXT
|Number of Pages
|42 pages
|Age +
|15 years
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Play: Sweet Pancake Recipe
Related Games
Description: Sweet Pancake Recipe
Description: Christine is spending her summer holiday at her aunt in Belize and she wants to thank her aunt for making her holiday amazing with a delicious breakfast in bed. She wants to make sweet pancakes with strawberry and cranberries and if you want you can give her a hand. prepare the composition, then bake the pancakes , put them on a fancy plate and decorate it with fresh fruits. Enjoy!
Control: Use mouse to cook.
Tags: sweet pencake recipe, girl, cooking, cook games, cookinwhat, recipe, pencake, sweet
New racing games, shooting games, car games, bike games and sport games are added weekly! Sweet Pancake Recipe Games


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Your weekend: Alameda Point's history
Yes, Alameda Point is really on my mind these days. So much so that I'm telling you about a talk local architect and Navy flyer Dick Rutter is giving on the history of the Point this Sunday.
Rutter will offer his "History of the Naval Air Station Alameda" at 7 p.m. this Sunday, October 18 at First Presbyterian Church, 2001 Santa Clara Avenue.
Rutter's talk will start with the Spanish in 1772, and move straight on through with the "hows" an "whys" of the Naval base's development. He'll talk about the British Navy's presence during the Mexican War (1846) and how our little Island figured into that conflict, ultimately ending up with how the U.S. Navy gained control of the region.
Rutter will also offer all sorts of neat info about airplanes and stuff (China Clipper! Dirigibles! JFK!) and a rundown of what role the base played back in its military heyday, before it entered its retirement as a rundown, toxic wreck.
Admission is $5, free for members of the Alameda Architectural Preservation Society, which is sponsoring the talk. For more information, call 986-9232.


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Ultra Warrior (1990)
Critic Consensus: No consensus yet.
Ultra Warrior Photos
Movie Info
as Kenner
as Grace
as Elijah
as Big
as Zig
as Radio
as Sheila
as Bishop
Critic Reviews for Ultra Warrior
There are no critic reviews yet for Ultra Warrior. Keep checking Rotten Tomatoes for updates!
Audience Reviews for Ultra Warrior
It's hard to quantify a numerical score on a movie like this, terrible beyond a reasonable description, but amusing in it's own special way. You can tell that much of the movie is hobbled together stock footage, from other movies that they narrate over with descriptions of what's happening. A bad movie, but if you're a bad movie lover, then it comes recommended. Also nothing from the VHS cover is part of the movie really.
Ultra Warrior Quotes
There are no approved quotes yet for this movie.
Discussion Forum
Discuss Ultra Warrior on our Movie forum!


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Forty days have passed since Ugandan Presidential candidate of the opposition Forum for Democratic Change Mr. Kizza Besigye was placed under house arrest by the Ugandan police following that country's February 18 presidential election.
The Ugandan Electoral Commission announced that the election had been won by the 30 year incumbent President Yoweri Museveni with 60 per cent of the vote to Besigye's 35 per cent. However, the results have been challenged in court by one of the other losing candidates. Besigye says he has not been able to launch a challenge because he has been under house arrest.
READ ALSO: Trump Backs Nobody But Self For Republican Nomination
Fred Enanga, Ugandan police spokesperson, told VOA earlier this month that Besigye is being held under Section 24 of the Police Act, which empowers the police to carry out what they call "preventive arrest and detention" of anyone whose unrestrictive movement the police may deem a threat to public order.
READ ALSO: Egyptian authority retires 32 Judges that were loyalists to Morsi.
Also the police authorities have restricted visitors to and from Besigye's house


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Polson White Pages (MT)
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Polson Phone Directory
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Area Codes in the Polson, MT Region: 406
Go Back To: Montana White Pages
Go Back To: Montana White Pages


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- Worldwide Rank #127,583,734
- Follower/Following Ratio 0.03
- Daily New Followers 0
Martha Renteria Twitter Stats
@0109Martha - Tracking Martha Renteria Twitter profile since March 15, 2014
Martha Renteria Tweets
@0109Martha has posted 10 tweets in the last 6 days, which translates to an average of 1.7 tweets per day.
Martha Renteria Twitter Followers
@0109Martha has 2 followers on Twitter.
This account is #127,583,734 in the worldwide rank of the most popular Twitter users.
Martha Renteria Following on Twitter
@0109Martha is following 60 Twitter accounts.
Last month this account followed 5 users.
Martha Renteria Predictions & Milestones
@0109Martha will hit 0 followers in the next 3 months, and -5 in one year.
You are on Martha Renteria's Twitter stats page
We track these Twitter stats since March 15, 2014 . You can see how many followers Martha Renteria lost or gained and what the prediction is for tomorrow or the next 15 days, together with all kinds of other stats like rank compared to all Twitter users, tweets etc.
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**** 410 **** 1 ** *
Attached: HCIS 410 Week 1 DQ 1.zip
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This file of HCIS 410 Week 1 Discussion Question 1 shows the solutions to the following problems:
What is project management? What is the project manager's role in a health care IT project?
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Making HTTP POST Requests With AutoIt
This Tutorial will focus on post requests in AutoIt, using the Winhttprequest.5.1 object.
Edited: 2016-01-03 01:29
Last: Making HTTP GET Requests with AutoIt Next: Setting Request Headers With AutoIt
Performing a HTTP POST Request in AutoIt does not really require anymore steps than making a get request, but there are still some details that we would like to cover in this Tutorial. We will not cover the details from the last AutoIt tutorial, so if you have not read it yet, you may want to do so.
To make things easier, we will consider a HTML form on a website – this form can be anything, as long as you have all the information required to perform a successful request from your AutoIt script. To test if your script works, you may attempt to send your request to Brugbarts Test page, which will be provided later in this tutorial.
Do not attempt to make a desktop client for your favorite website right away, do some basic requests first, so that you are sure you know what you are doing.
The AutoIt Post Request
When you want to make a HTTP POST request with AutoIt, all you have to do is to use the POST value in the Open method – the open method is also briefly mentioned in the last tutorial.
$oHTTP.Open("POST", "http://brugbart.com/Examples/http-post.php", False)
After doing this, you will also need to provide the data to be posted – this data will consist of the fields in the form, as well as their values – the data is stored as a string inside a variable, which is then passed on to the send method.
$sPD = 'name=Jacob&bench=150' $oHTTP.Send($sPD)
Each form field is separated by an ampersand (&) in the $sPD variable – knowing this, adding additional fields won't be much trouble. Two fields are added in this example, a field called name and one called bench, these fields will be picked up by the script which handles the form submissions.
When you submit a form from your browser, the Content-Type field will be filled automatically if its missing – you need to fill it out manually when using AutoIt. The default value for forms is application/x-www-form-urlencoded. You can use the SetRequestHeader method to set the Content-Type field.
$oHTTP.SetRequestHeader("Content-Type", "application/x-www-form-urlencoded")
Brugbart has a php form script at http://brugbart.com/Examples/http-post.php – this should make it easier to learn about http requests. You can try to create a request without the bench field, and see what happens. You may still want to save the response to a text file, as well as catch the response code, explained in the first tutorial.
A Working Example Script
This script will perform a HTTP post request for the URL: http://brugbart.com/Examples/http-post.php – it will catch the response code, and save the body response to a html file for examination.
; The data to be sent $sPD = 'name=Jacob&bench=150' ; Creating the object $oHTTP = ObjCreate("winhttp.winhttprequest.5.1") $oHTTP.Open("POST", "http://brugbart.com/Examples/http-post.php", False) $oHTTP.SetRequestHeader("Content-Type", "application/x-www-form-urlencoded") ; Performing the Request $oHTTP.Send($sPD) ; Download the body response if any, and get the server status response code. $oReceived = $oHTTP.ResponseText $oStatusCode = $oHTTP.Status If $oStatusCode <> 200 then MsgBox(4096, "Response code", $oStatusCode) EndIf ; Saves the body response regardless of the Response code $file = FileOpen("Received.html", 2) ; The value of 2 overwrites the file if it already exists FileWrite($file, $oReceived) FileClose($file)


text:
$ 499.95 $ 500.00
Come into Aspen Ski and Board located on Polaris Parkway to check out the 2017 Rossignol Diva Magtek Womens Snowboard.
This board is awesome. Everything about it looks great and it rides amazing. This board is truly catered to women.Rocker/Camber: Amptek Elite
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Polaris Parkway Location 614-848-6600 | Web Sales 1-877-861-0777


text:
Norwegian continues its expansion by launching a new non-stop service from Stockholm Arlanda Airport to Madrid this summer.
Four times a week (Monday, Wednesday, Friday and Sunday) starting June 4, Norwegian Air Shuttle (Norwegian) will fly to Madrid from Arlanda using Boeing 737-800 aircraft.
"We are opening a new base in Madrid to meet the large demand for non-stop flights between the Spanish capital and other major cities in Europe. It is strategically important for us, not least in view of our future plans," says Norwegian's CEO Bjorn Kjos.


text:
your bag
Your bag is empty.
Sorry, this product has sold out!
If you would like ARCHFASHION to try to and find it for you complete the form below.
Textured fabric mini dress with floaty mini skirt. Garment has exposed metal zip at front and around waist line. Contrasting colour panels around side and waist. Garment is fully lined.


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Aug 12, 2016
WASHINGTON [MENL] -- The Syrian Army was believed to be establishing Shi'itemilitias in the war against Sunni rebels.
WASHINGTON [MENL] -- Congress has determined that the U.S. military alteredintelligence reports on Islamic State of Iraq and Levant.
Aug 11, 2016
NICOSIA [MENL] -- Iran has again acknowledged losses in the assault onSyria's largest city.
WASHINGTON [MENL] -- Islamic State of Iraq and Levant was said to havedeclined by 75 percent over the last year.


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Hotfrog Ireland provides information regarding Keoghs Model Bakery in Kilkenny. Keoghs Model Bakery is located at Bridge Street Callan, Kilkenny Kilkenny and provides Social services. Contact them on (056) 772 5254 or by visiting them on their website http://www.keoghsmodelbakery.com/.
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Here is how the US Attorney in NY is calling it:
The defendants charged today allegedly used a music company, 'Outta They League,' as a front to run their drug trafficking business. These arrests take 'Outta They League' out of the business of drugs and violence. We thank the FBI, the New York State Police, the U.S. Attorney's Office for the Northern District of New York, and our many local law enforcement partners for their extraordinary partnership on this case.
Among the 40 people arrested were Aaron and Andrew Hardy – you'll remember them as the Hardy twins – who went on a double date with Tara and K Michelle 2 seasons ago.


text:
InterMune's (ITMN) Pirfenidone drug met the primary goal of a Phase III trial by significantly reducing the progression of idiopathic pulmonary fibrosis (IPF) or mortality.
"IPF is an irreversible and ultimately fatal disease characterized by progressive loss of lung function due to fibrosis (scarring) in the lungs, which hinders the ability of lungs to absorb oxygen," InterMune explains. IPF's five-year survival rate is 20-40%.
Pirfenidone also met secondary endpoints with improvements in six-minute walk tests and progression-free survival.
InterMune now plans to resubmit an application for FDA authorization of Pirfenidone.
Trading in the firm's shares has been halted. (PR)


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decided: June 27, 1979.
MELLON BANK, N.A.v.JAMES H. JOSEPH AND CAROL H. JOSEPH; APPEAL OF JAMES H. JOSEPH
No. 786 April Term 1978, Appeal from Order of the Court of Common Pleas of Westmoreland County, Pa. at No. 3964 of 1976, Civil Action, Law.
John R. Friedlander, Pittsburgh, for appellant.
Donald S. Mazzotta, Pittsburgh, for appellees.
Van der Voort, Spaeth and Montgomery, JJ.
[ 267 Pa. Super. Page 309]
This is a mortgage foreclosure case. The complaint, filed December 6, 1976, by appellee Mellon Bank, named appellant and his former wife, Carol Joseph, as defendants. The bank got a default judgment against Carol Joseph, but appellee filed an answer, new matter, and three counterclaims.
[ 267 Pa. Super. Page 310]
Upon the bank's preliminary objections, the lower court struck the answer, new matter, and counterclaims, without leave to amend. This appeal followed.*fn1
1. Appellant's Answer
In striking appellant's answer the lower court said, without further elaboration:
The defendant's Answer herein fails to conform with the letter or spirit of Rule 1029.*fn2 In reviewing the defendant's Answers it has become apparent to this court that the Answers are non-responsive and irrelevant to the issues of fact involved in the case herein. The defendant's Answers do not comply with the demand for clear, concise and summary form and therefore the defendant's Answers must be stricken.
Lower court opinion at 2.
Paragraph 3 of the complaint alleged that appellant's former wife resided at 254 Tremont Avenue in Greensburg, Pa. Appellant answered that after reasonable investigation
[ 267 Pa. Super. Page 311]
he was without sufficient information to admit or deny the averment, and said, "If relevant, strict proof thereof is demanded at trial." While the lower court has some discretion in deciding the sufficiency of a pleading, United Refrigerator Co. v. Applebaum, 410 Pa. 210, 189 A.2d 253 (1963), we do not know the reason for the court's impatience with this answer. Perhaps the court regarded the answer as dilatory in the sense that it pleaded ignorance of a fact that the pleader must, or should, know. It seems to us, however, that a man might not know where his former wife resided. In any case, given the default judgment against appellant's former wife, the relevance of her residence so far as concerns the action against appellant is not apparent.
Paragraph 5 of the complaint alleged that appellant and his former wife were the record owners of the mortgaged premises. The answer admitted ownership, but it denied that appellant and his former wife constituted all the record owners, stating that appellant's current wife, Barbara S. Joseph, was also a record owner. The bank argues that this answer was insufficient to alert it and the lower court to a matter at issue between the parties, and that the answer failed to allege either the source of Barbara Joseph's interest or where the record of her interest was located. The bank also argues that Barbara Joseph was not an indispensable party to the action, and even if she were, by failing to file preliminary objections, appellant waived any objection to her non-joinder. However, Pa.R.C.P. 1144*fn3 requires that record owner be named in a mortgage foreclosure action, and Rule 1032*fn4 provides that an objection to failure to join an indispensable party is not waived. Appellant's answer
[ 267 Pa. Super. Page 312]
thus was not irrelevant. If it was not sufficiently pleaded, the remedy was not to strike the entire answer without leave to amend. In Otto v. American Mut. Ins. Co., 482 Pa. 202, 393 A.2d 450 (1978), our Supreme Court has held that where a complaint fails to state a cause of action, it is usually error to dismiss the complaint without leave to amend. While acknowledging that "[t]here may, of course, be cases where it is clear that amendment is impossible and where to extend leave to amend would be futile," 482 Pa. at 205, 393 A.2d at 451, the Court said that the right to amend "should not be withheld where there is some reasonable possibility that the amendment can be accomplished successfully [citations omitted]," id. The Court rejected the appellees' argument, which this court had found dispositive, Otto v. American Mut. Ins. Co., 241 Pa. Super. 423, 361 A.2d 815 (1976), that the appellants had not requested leave to amend.
Paragraph 6 of the complaint alleged that appellant had been in default since August 1, 1976. The answer admitted the default but alleged:
The averments of the 6th numbered paragraph are denied insofar as they allege or imply that the Defendant, James H. Joseph, has failed and refused to pay in full the mortgage obligation beginning from on or about August 1, 1976 and continuing through August of 1977. On the contrary, however, it is specifically alleged that the Defendant, James H. Joseph, individually and on behalf of his wife, Barbara S. Joseph, and individually and through his counsel, have made repeated tenders of the full amount due and owing under the aforesaid mortgage obligation, which tenders have been refused by the Plaintiff, Mellon Bank, N.A.
The bank argues that this answer was insufficient because it failed to inform it and the lower court of what matters were at issue.*fn5 However, the Act of May 4, 1927, P.L. 710, § 1, 21 P.S. § 733, provides that:
[ 267 Pa. Super. Page 313]
It shall be lawful for any person or persons, natural or artificial, holding lands encumbered by a mortgage, judgment, recognizance, or other security, after the same shall become due and payable, his or their agent, attorney, or terre tenant, to tender to the owner or owners of such mortgage, judgment, recognizance, or other security, the full sum of money due thereon, including interest and any other charges due, and, upon such tender, to require the owner or owners to assign and transfer to such person or persons as the owner of the encumbered property may name, such mortgage, judgment, recognizance, or other security. Such assignment shall create no personal liability on the part of the assignor, by way of implied warranty, or otherwise, and any such assignment shall be without recourse.
We see no reason why appellant's alleged tender of the amount of the mortgage is not relevant as a defense in the foreclosure action. Possibly tender should have been pleaded as an affirmative defense, under new matter; if so, this error is not substantive. Lachner v. Swanson, 251 Pa. Super. 561, 380 A.2d 922 (1977). The allegation of tender does appear insufficiently specific, in particular as regards the
[ 267 Pa. Super. Page 314]
amount offered and the date of tender. Again, however, appellant should have been given leave to amend, to make the allegation more specific.
Finally, paragraph 7 of the complaint alleged an amount due, and broke the amount down into principal, escrow deficiency, late charges, interest, and attorney's fee. Appellant answered that after reasonable investigation, he was without sufficient information to admit or deny the averments. The bank argues that this allegation of ignorance is unsupportable for several reasons: because appellant pleaded that he had tendered the full amount, and therefore must know it; because appellant is an attorney who "negotiated, executed and made [the] payments," Brief for Appellee at 5; and because a reasonable investigation would have disclosed the amount due. It is true that a defendant may not rely on Rule 1029(c)(1) to excuse a failure to make a specific denial when it is clear that he must know whether a particular allegation is true or false. Scales v. Sheffield Fabricating & Machine Co., 258 Pa. Super. 568, 393 A.2d 680 (1978); Cercone v. Cercone, supra. Here, however, without amortization tables, a mortgagor -- even an attorney -- is not likely to know the exact amount of principal due. Late charges, escrow payments, interest, and attorney's fees could well be similarly beyond the mortgagor's knowledge; they will in any event be better known to the mortgagee. The mere fact, if it be a fact, that appellant tendered a certain amount should not bind him in court; his cooperation was as likely to have been based on a desire to settle the matter, as on the knowledge of the correctness of the figures.
In short, we find no such flouting of Rule 1029 as the lower court apparently did. Appellant's answers were relevant and if inartfully pleaded, should have been subject to amendment. Otto v. American Mut. Ins. Co., supra; see Medusa Portland Cement Co. v. Marion Coal & Supply Co., 204 Pa. Super. 5, 201 A.2d 285 (1974).
[ 267 Pa. Super. Page 3152]
. Appellant's New Matter
Appellant's new matter alleged that the bank "failed to comply with all of the requirements of the Act of January 30, 1974 respecting the foreclosure of or enforcement of obligations secured by real property . . . ." We agree that this allegation was insufficiently specific, but for the reasons just discussed, appellant should have been permitted to amend it. Otto v. American Mut. Ins. Co., supra.
3. Appellant's Counterclaims
Only two of appellant's three counterclaims are subjects of this appeal, one of them having been abandoned below. Brief for Appellant at 10. In one of the two remaining counterclaims, appellant alleged that the bank had refused his tender of the mortgage obligation and his demand for assignment of the mortgage. Appellant asked the lower court to compel the assignment and to award damages for the bank's refusal. The compelled assignment would have been by virtue of the Act of May 4, 1927, P.L. 710, § 2, 21 P.S. § 734, which provides:
In case the holder of any such mortgage, judgment, recognizance, or other security, shall fail or refuse, on such tender being made, to execute an assignment or transfer as required, it shall be the duty of the court of common pleas of the county in which said mortgage, judgment, recognizance, or security is entered, or of the county in which the holder thereof resides, such court sitting in equity, to enforce, by decree and attachment, such assignment and transfer, and to order that the interest due on such mortgage, judgment, or recognizance, or other security shall cease from the day of such tender until the assignment shall be executed and delivered. The court shall also make such further decree as to costs as justice and equity may require. No such decree shall be entered unless it shall appear to the court that all parties holding any interest in the lands so encumbered have joined in the application for the assignment of such mortgage, judgment, recognizance, or security.
[ 267 Pa. Super. Page 316]
In the second of the two remaining counterclaims, appellant alleged that he had asked that the bank "cause a writ of execution to be issued on its default judgment against the Defendant, Carol H. Joseph, and that her undivided one-half interest in said property be exposed to judicial sale," para. 17 of complaint, but that the bank had refused, para. 19 of complaint. Appellant asked the lower court for a stay of the foreclosure until such a sale, and for damages stemming from the bank's refusal. The basis for this demand was the Act of April 22, 1856, P.L. 532, § 9, 12 P.S. § 808, which provides:
Whensoever the real estate of several persons shall be subject to the lien of any judgment to which they should by law or equity contribute, or to which one should have subrogation against another or others, it shall be lawful for any one having right to have contribution or subrogation, in case of payment, upon suggestion by affidavit and proof of the facts necessary to establish such right, to obtain a rule on the plaintiff, to show cause why he should not levy upon and make sale of the real estate liable to execution for the payment of said judgment, in the proportion or in the succession in which the properties of the several owners shall in law or equity be liable to contribute towards the discharge of the common incumbrance, otherwise upon the payment of such judgment to assign the same for such uses as the court may direct; and the court shall have power to direct to what uses the said judgment shall be assigned, and when assigned, direct all executions thereupon, so as to subserve the rights and equities of all parties whose real estate shall be liable thereto; and if the plaintiff shall refuse to accept his debt and make such assignment of his judgment, the executions thereupon in the hands of the plaintiff shall be so controlled and directed by the court as to subserve said rights and equities.
The lower court struck appellant's counterclaims because they were not part of the mortgage transaction.
Counterclaims in mortgage foreclosure actions are governed by Pa.R.C.P. 1148, which provides:
[ 267 Pa. Super. Page 317]
A defendant may plead a counterclaim which arises from the same transaction or occurrence or series of transactions or occurrences from which the plaintiff's cause of action arose.
Under this rule,
The claim must now arise, in some manner, from the mortgage relationship. A counterclaim could be filed, for example, for damages for breach of warranty of title to the mortgaged premises [ cf. Wacker v. Straub, 88 Pa. 32 (1878)]. Also, it has been held that defendant may counterclaim for the balance due from plaintiff on a construction contract in connection with which the mortgage was given [ Genel v. Vacca, 39 Del.Co.Rep. 191 (1952)]. On the other hand, a counterclaim could not be filed for professional services rendered by the mortgagor to the mortgagee, at least if unrelated to the mortgage [ cf. Bechtel v. Green, 17 Berks Co. L.J. 41 (1924)]. 3 Goodrich-Amram 2d § 1148:1 at 488 (emphasis supplied).
Here, the counterclaims appellant seeks to assert are remedial; they arose once the mortgage was in default, but were not part of, or incident to, the creation of the mortgage itself.*fn6 See Cumberland County Nat'l Bank & Trust Co. v. Wells, 26 Cumb. 46 (1975) (disallowing counterclaim in tort based on emotional distress suffered when bank publicly refused to accept payments intended to bring mortgage up to date).
The lower court's order striking these counterclaims is consistent with our decision in Signal Consumer Discount Co. v. Babuscio, 257 Pa. Super. 101, 390 A.2d 266 (1978), in which we read the mortgage foreclosure rules narrowly, to bar a claim by the defendants against a third party to enforce a personal liability. The fact that the defendants could have sued in assumpsit and requested that the foreclosure
[ 267 Pa. Super. Page 318]
and assumpsit actions be combined for trial, Pa.R.C.P. 213, did not dictate a different result.*fn7
The lower court's order striking appellant's counterclaims is affirmed; otherwise the lower court's order is reversed and the case is remanded for proceedings consistent with this opinion.
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Bank fraud
The shadow knows
little known shell companies known for their offshore tax free investments that are almost invisable to bank regulators of the mainstream banking system
They deal in derivitives originally developed by j p morgan a london bank.
These derivitives were copycated to some extent,but without paying attention to the volitility of those derivitives due to lack of the ability.to track those investments performance.
As those derivitives were increasingly less valuable due to loans that went bad.
Even thou these bad loan derivitives were increasing
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The Banks answer to that is to lay more eggs
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The moral of the story is "Don't leave your nest egg in, "the charge of Wolves "in sheeps clothing looking for a chance to crack and gobble up your nest eggs and divide them up among themselves."Now the wolves are getting the chickens to sign contracts to keep laying eggs to make up for the eggs the wolves themselves stole from them in the first place.
There is some squacking going on,but it's not the roosters
It seems the wolves aren't the least bit worried.Why should they?
A cashless system is one of the goals of the banking system
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You should definitely checkout the 666 calculator along the left side in the index box
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REVERSE SPEECH - CLINTON AFTER BEING INTERVIEWED BY PETER JENNINGS.avi There is another youtube video where former president Bill CLINTON is talking to former late night talkshow host Larry King on his show...
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Well I believe the global economy will recover! It is not likely to get any worse. :)


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Thursday lineups: Angels vs. Astros
ANAHEIM -- Manager Mike Scioscia has struggling Matt Joyce back in the cleanup spot for Thursday's game against the first-place Houston Astros.
Scioscia hasn't yet addressed the media to explain his surprising lineup choice. However, it may have something to do with Joyce being 2 for 4 against Astros starter Collin McHugh.
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Check in from 12h / Check out prior to 11h
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Three Pieces for Four Bassoons (Score & Parts)-4BSN
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Edition: 4062
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THIS IS A DIRECTORY PAGE. Britannica does not currently have an article on this topic.
Learn about this topic in these articles:
discussed in biography
Wells's essay on the national debt, Our Burden and Our Strength (1864), helped restore confidence in the ability of the United States to pay off its Civil War debt. This work, his first on economics, prompted his appointment in 1865 as the chairman of the National Revenue Commission.


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Guy Falls Asleep Behind Plant Pot
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Occurrence Date: November 6, 2015


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January 7, 2013
GUILLERMO CHAVEZ, PLAINTIFF,v.GRANAZOZ,DEFENDANT.
ORDER and FINDINGS & RECOMMENDATIONS
Plaintiff Chavez, an inmate of the California Department of Corrections and Rehabilitation ("CDCR"), proceeds pro se with a verified civil rights complaint filed pursuant to 42 U.S.C. § 1983. (Dkt. No. 1.) Plaintiff asserts claims under the First and Eighth Amendments against defendant Granadoz, the sole defendant. Defendant has moved to dismiss the complaint on the ground that plaintiff failed to exhaust administrative remedies before filing suit. (Dkt. No. 18.) Plaintiff opposes the motion (Dkt. Nos. 21) and defendant has filed a reply (Dkt. No. 22).
I. Allegations of the Complaint
The events giving rise to this lawsuit occurred at California State Prison- Solano (CSP-Solano), where plaintiff was incarcerated and defendant was employed at all times relevant. According to the complaint, during January or February of 2010, defendant searched the cell of another inmate, to whom plaintiff had loaned his radio. (Id. at 10.) Defendant indicated to plaintiff that defendant was going to confiscate the radio. (Id.) Plaintiff responded that plaintiff was going to file a staff complaint and defendant stated "Oh I can play that game better than you," which plaintiff took to be a threat to retaliate if plaintiff filed a grievance. (Id.)
On February 14, 2010, plaintiff was standing at his cell door when he saw defendant engage in a short conversation with inmate Barrera and then return to the officer's podium. (Id. at 5-6.) Approximately 15 minutes later, an unnamed officer, Doe 1, opened plaintiff's cell door for early worker's chow release. (Id. at 6.) As plaintiff proceeded down the stairs, Doe 1 released the cell door of inmate Barrera, who ran past defendant, up to plaintiff, and began stabbing plaintiff in the left eye with a metal weapon and kicking plaintiff with his feet. (Id.) Defendant did not make any attempt to stop the assault and did not activate the security alarm for approximately 5-10 seconds. (Id.) Plaintiff sustained injuries including stab wounds to his left eye, cuts on his head, bruises, and abrasions. (Id. at 7.)
Plaintiff was transported to the emergency room at UC Davis Medical Center where surgery was performed on his left eye. (Id. at 3, 8.) On February 19, 2010, he was discharged from the hospital and placed in the Administrative Segregation Unit (ASU) at CSPSolano. (Id. at 3, 8-9.) Once there, Doe 1 approached plaintiff and stated "...Oh Mr. Chavez, I'm so sorry about what happened. I'm not the regular and I told [defendant] that inmate Barrera was not on the release roster but he insisted and opened the door[.]" (Id. at 9.) Plaintiff alleges that defendant knew that Barerra was not supposed to be released at the time of the assault, and that the assault resulted from defendant's desire to retaliate against him "for exercising his right to complain[ ] of reprisals for [defendant] keeping his radio." (Id. at 9-10.)
Plaintiff's inmate appeal (CDCR-602) regarding the events of February 14, 2010 was due March 5, 2010, however he was not able to timely file it due to being in excruciating pain and suffering from mental stress from the assault. (Id. at 3.) Plaintiff requested unnamed staff to assist him in preparing his inmate appeal pursuant to CCR 3084.1(b), however, staff refused. (Id. at 3-4.) On March 23, 2010, plaintiff was transported back to UC Davis for a follow-up appointment and on March 24, 2010 another surgery was performed during which his left eye was removed and an implant inserted. (Id. at 4, 12.) Subsequently he was transported back to ASU at CSP-Solano on March 24, 2010. (Id.)
Plaintiff commenced this federal action on April 15, 2011. (Dkt. No. 1.) For screening purposes, it was determined that plaintiff stated cognizable claims that Granadoz violated his rights under the First and Eighth Amendments. (See Dkt. No. 10 at 3.)
II. Exhaustion of Administrative Remedies
A. Legal Standard
Pursuant to the Prison Litigation Reform Act ("PLRA"): No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in a jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.
42 U.S.C. § 1997e(a). Compliance with the exhaustion requirement is mandatory. Booth v. Churner, 532 U.S. 731, 739, 741 (2001) (holding that prisoners must exhaust their administrative remedies regardless of the relief they seek, i.e., whether injunctive relief or money damages, even though the latter is unavailable pursuant to the administrative grievance process).
The State of California's prison regulations provide administrative procedures in the form of one informal and three formal levels of review to address plaintiff's claims. See 15 Cal. Code Regs. §§ 3084.1-3084.7. Administrative procedures generally are exhausted once a prisoner has received a "Director's Level Decision," or third level review, with respect to his issues or claims. Cal. Code Regs. tit. 15, § 3084.5. All steps must be completed before a civil rights action is filed, unless there is an exception; exhaustion during the pendency of the litigation will not save an action from dismissal. McKinney v. Carey, 311 F.3d 1198, 1200 (9th Cir. 2002). In order to properly exhaust in compliance with the exhaustion requirement of section 1997e(a), a prisoner must comply with applicable procedural rules and time requirements. Woodford v. Ngo, 548 U.S. 81, 90-91 (2006).
"The level of detail in an administrative grievance necessary to properly exhaust a claim is determined by the prison's applicable grievance procedures." Jones v. Bock, 549 U.S. 199, 218 (2007); see also McCollum v. CDCR, 647 F.3d 870, 876 (2011) ("Whether an inmate's claim has been exhausted is determined by reference to the prison's own grievance requirements, which necessitate that the inmate "describe the problem and the action requested." (internal quotations and citations omitted)). In California,
A grievance need not include legal terminology or legal theories unless they are in some way needed to provide notice of the harm being grieved. A grievance also need not contain every fact necessary to prove each element of an eventual legal claim. The primary purpose of a grievance is to alert the prison to a problem and facilitate its resolution, not to lay groundwork for litigation.
Griffin v. Arpaio, 557 F.3d 1117, 1120 (9th Cir. 2009); see also McCollum, 647 F.3d at 876 ("While an inmate need not articulate a precise legal theory, a grievance must alert the prison to the nature of the wrong for which redress is sought."); see also Jones, 549 U.S. at 219 ("[E]xhaustion is not per se inadequate simply because an individual later sued was not named in the grievances.").
The exhaustion requirement is not jurisdictional, but rather is an affirmative defense that may be raised by a defendant in a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b). See Jones v. Bock, 549 U.S. 199, 216 (2007) ("inmates are not required to specially plead or demonstrate exhaustion in their complaints"); Wyatt v. Terhune, 315 F.3d 1108, 1117--19 (9th Cir. 2003) (failure to exhaust is an affirmative defense). The defendant bears the burden of raising and proving the absence of exhaustion. Id. at 1119. If the district court concludes that the prisoner has not exhausted administrative remedies on a claim, "the proper remedy is dismissal of the claim without prejudice." Wyatt, 315 F.3d at 1120; see also Lira v. Herrera, 427 F.3d 1164, 1170 (9th Cir. 2005) ("mixed" complaints may proceed on exhausted claims).
"In deciding a motion to dismiss for a failure to exhaust non-judicial remedies, the court may look beyond the pleadings and decide disputed issues of fact." Wyatt, 315 F.3d at 1119. "I[f] the district court looks beyond the pleadings to a factual record in deciding the motion to dismiss for failure to exhaust -- a procedure closely analogous to summary judgment -- then the court must assure that [the prisoner] has fair notice of his opportunity to develop a record." Id. at 1120 n.14. In this case, plaintiff was advised of the requirements to oppose an unenumerated Rule 12(b) motion to dismiss by orders of the court on February 17, 2012 and July 12, 2012. (Dkt. Nos. 14, 19.)
B. Discussion
Defendant contends plaintiff failed to properly exhaust administrative remedies before filing suit. As set forth, plaintiff filed his inmate appeal (CDCR 602) late, on April 4, 2010. (Id. at 4.) Although he attempted to explain therein why it was submitted late, the CSPSolano Appeals coordinator rejected it as untimely. (Id. at 4.)
Subsequently, however, plaintiff's untimely appeal dated April 4, 2010 was accepted for further review. (Dkt. No. 18-1 at 3 & Ex. A.) According to the sworn declaration of S. Cervantes, Appeals Coordinator at CSP-Solano, plaintiff's April 4, 2010 appeal was accepted for further review on June 14, 2010, however, at that time plaintiff was requested to provide more information about whether he was filing a staff complaint. (Id.) Specifically the response provided to plaintiff was as follows:
Your CDC 602 dated 4/4/10 has been accepted for further review. However, clarification is needed. If you are filing a staff complaint, you must provide specific name of staff involved in the 2/14/10 incident on first watch, in Building Twelve. If you are not filing a staff complaint, please indicate that attached CDC 602 is not filed as a staff complaint issue.
(Dkt. No. 18-1 at Ex. A.) Plaintiff did not respond to this request for additional information and his appeal was screened out. (Dkt. No. 18-1 at 3.)
In addition, according to the sworn declaration of J.D. Lozano, Chief of the Office of Appeals (OAA), no appeals have been accepted from plaintiff at the Director's Level of review, which is the final level of available review. (Dkt. No. 18-2 at 3.) Plaintiff's Appellate Appeal History maintained by the OAA indicates that only two appeals have been submitted by plaintiff, one regarding a disciplinary issue in 2010 and one regarding a medical issue in 2001; both were screened out. (Dkt. No. 18-2 at Ex. A.)
In sum, therefore, defendant asserts that because plaintiff failed to respond to the request for clarification from the CSP-Appeals coordinator and also failed to submit the issue to the third and final level of review, he deprived the prison of the opportunity to review and remedy the issues grieved, which constitutes a failure to properly exhaust administrative remedies. (Dkt. No. 18 at 5.)
In his opposition to the motion to dismiss, plaintiff argues, in relevant part, that the CSP-Solano Appeals Coordinator improperly screened out his appeal for failing to respond to the request for clarification regarding whether he was submitting a staff complaint. He asserts:
[T]he appeal rejection in June, 2010, was based upon the fact that Plaintiff did not name the person he was attempting to submit the appeal upon. However, [t]he prison grievance system in California does not require a prisoner to expressly name the defendants in the grievance in order to exhaust administrative remedies under the PLRA.
(Dkt. No. 21 at 8-9.) And further:
Because Plaintiff could not have completed the appeals process without first going through the SOL Institutional Level Review, Defendant must be estopped from relying on a condition to filing an appeal that Plaintiff was prevented from attempting to exhaust.
(Dkt. No. 21 at 6-7 (internal citations and footnote omitted).)
As stated, "exhaustion is not per se inadequate simply because an individual later sued was not named in the grievances." Jones, 549 U.S. at 219. In so holding, the Supreme Court noted that the Michigan corrections department did not contain a provision specifying who must be named in a grievance, and that rather, "[t]he grievance policy specifically provides that the grievant at Step I "shall have the opportunity to explain the grievance more completely at an interview, enabling the Step I respondent to gather any additional information needed to respond to the grievance." Jones, 549 U.S. at 218. Thus, "[n]othing in the MDOC policy itself support[ed] the conclusion that the grievance process was improperly invoked simply because an individual later named as a defendant was not named at the first step of the grievance process." Id.
Similarly here, plaintiff did not name defendant at the first step of the grievance process. In contrast to the situation in Jones, however, plaintiff was notified that clarification was needed and that he needed to provide the name of the staff involved if he was filing a staff complaint. This was in accord with CDCR's grievance procedures which specifically provide that the appealing inmate "shall list all staff member(s) involved and shall describe their involvement in the issue." 15 Cal. Code Regs. § 3084.2(a)(3). "If the inmate... does not have the requested identifying information about the staff member(s), he or she shall provide any other available information that would assist the appeals coordinator in making a reasonable attempt to identify the staff member(s) in question." 15 Cal. Code Regs. § 3084.2(a)(4). Plaintiff does not dispute that he made no response to the Appeals Coordinator's request for the name of the staff member involved. Instead, he argues that the Appeals Coordinator improperly screened out his appeal "on a technicality that he could not have possibly complied with." (Dkt. No. 21 at 6.) Plaintiff does not explain why he could not have complied with the request for more information. If he did not know defendant's name at that time, he could have responded stating such and providing as much information as he had, pursuant to departmental rules. Plaintiff explains at length that he was prevented from timely filing his grievance during period of February 19, 2010 to March 23, 2010 due to pain, mental stress, and lack of staff assistance; however, his untimely grievance was nevertheless accepted and it was not until June 14, 2010 that he was asked to provide more information about whether he was filing a staff complaint and if so, the identity of the staff. Plaintiff was released from administrative segregation at CSP-Solano on April 30, 2010 (Dkt. No. 1 at 16) and, at some point, was transferred to Folsom State Prison ("FSP") (Dkt. No. 21 at 6). Plaintiff makes no attempt to explain how he was allegedly prevented from complying with CDCR's rule to name or attempt to identify the staff member involved in his staff complaint after specifically being requested to do so, and he submits no evidence on this point.*fn1 In addition, it is undisputed that plaintiff made no submission regarding defendant's alleged conduct to the Director's level, which is the third and final level of review.
As set forth, "[t]he level of detail in an administrative grievance necessary to properly exhaust a claim is determined by the prison's applicable grievance procedures." Jones, 549 U.S. at 218; see also McCollum, 647 F.3d at 876. Here, the screening out of plaintiff's appeal for failure to name the staff involved in a staff complaint was in accord with CDCR's grievance procedures. When plaintiff failed to respond to the request for additional information by the Appeals Coordinator and further failed to submit the issue to the final level of review, he deprived CDCR of the opportunity to review and respond to his grievance concerning defendant's conduct. Under these circumstances, defendant has met his burden of raising and proving the absence of exhaustion. Both of plaintiff's claims should be dismissed without prejudice. See Wyatt, 315 F.3d at 1120.
In accordance with the above, IT IS HEREBY ORDERED THAT:
1. Defendant's motion for protective order from discovery requests (Dkt. No. 20) is DENIED as moot.
Further, IT IS HEREBY RECOMMENDED THAT:
1. Defendant's motion to dismiss (Dkt. No. 18) be GRANTED;
2. Plaintiff's claims brought under the First and Eighth Amendment be dismissed without prejudice; and
3. The clerk be directed to close this case.
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 fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Clifford 1994 WS WEBRip x264-REGRET
Clifford 1994 WS WEBRip x264-REGRET
Genre :Comedy
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In this dark comedy, a mischievous ten-year-old boy named Clifford is sent to his Uncle Martin's for the weekend to get out of his father's hair. It turns out he has a dying obsession to go to Dinosaur World, a theme park near Martin's house and nothing will get in his way to get there.
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