text:
The addiction treatment industry is experiencing a climate of favorable tailwinds, and that market reality will continue to attract the attention of investors.
The most important goal for behavioral health stakeholders under the Donald Trump administration will be to maintain the gains they've realized in the past 12 months.
Courage House, a campus in Northern California, offers sex trafficking victims ranging in age from 11 through 17 an environment that fosters feelings of safety and comfort as they rebuild their lives.
Healthcare providers are concerned about proposals that aim to transform Medicaid into a block grant model, potentially resulting in less funding in the future.
The Betty Ford Center in West Los Angeles is the first satellite facility built under the Hazelden Betty Ford Foundation name after the 2014 merger.
Data from the Blue Cross Blue Shield Health Index, a new measurement tool, identifies health conditions with the greatest impact on communities. Analysis of the data draws a correlation between community health and economic strength.
Value-based payment models are becoming more common, but the IT vendors surveyed by Behavioral Healthcare Executive aren't sure that providers are prepared for the shift from fee-for-service. DOWNLOAD THE FULL SURVEY RESULTS.
On Tuesday, Donald Trump named Rep. Tom Price, MD (R-Ga.), to lead the Department of Health and Human Services and consultant Seema Verma to lead the Centers for Medicare and Medicaid Services.
Behavioral health experts are weighing in on a number of issues that absolutely must be on the radar for treatment centers in 2017.
The not-for-profit Clinical Outcomes Group, Inc. is one of 50 centers of excellence funded by the Pennsylvania Department of Human Services to increase integrated behavioral health and primary care.
From recognizing long-time mentors and hard-working staff members to enjoying a sense of accomplishment that comes from working with patients, executives from across the behavioral healthcare field share what has them feeling grateful this year at Thanksgiving.
Treatment centers can follow these 10 steps to prepare for experience of the accreditation process.
As behavioral health providers enhance their services and expand their capabilities, standards for accreditation will also expand, the experts say.
It has become clear that the expansion and protection of sober living and recovery residences should be near the top of the list of legislative priorities.
With a change of administration in Washington, it will be particularly important for the country to have a single scientific document about substance use disorders.
In an industry historically reliant on broad treatment options and anecdotal outcomes, data is the key to the future of mental healthcare and already is opening new doors for our industry.
A new 2017 federal policy will allow physician assistants and nurse practitioners to prescribe buprenorphine. Previously, only physicians were authorized to prescribe the medication.
A report issued by the City-County National Task Force on the Opioid Epidemic provides local government and law enforcement officials with strategies for taking action to address the opioid crisis at the community level.
The not-for-profit organization 10,000 Beds has received a micro-grant from the Institute for the Advancement of Behavioral Healthcare Fund, which will be used to place more than 100 clients in donated treatment beds.
Christopher Bathum, founder of 19 sober-living facilities in California and Colorado, faces multiple charges of sexually assaulting patients, as well as engaging in a $175 million insurance fraud scheme.
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Boys Indigo Blue Cotton Jersey Top
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Brewers discuss deals; Lester goes to Oakland
Brewers general manager Doug Melvin and his staff got up bright and early Thursday to resume trade discussions in advance of the 3 p.m. trade deadline for making deals without requiring waivers.
Melvin is staying in St. Petersburg, Fla., today to be available for any possible deals before that deadline.
"We're already in our room at the hotel," Melvin told Greg Matzek in his weekly "Brewers 360" radio segment on WTMJ-620(AM). "I'm just following up on some talks we've had in the past few days.
"I expect some things to happen (on the trade market). With us, I don't know yet. You just go back and forth with phone calls. There's always possibilities. Just a lot of conversations going on."
Melvin was asked about reports that the Brewers were showing interest in Tampa Bay ace David Price and Boston ace Jon Lester.
"I can't get into any of that at this point," he said. "It's pretty sensitive with a lot of things. They're players with other teams. It's hard to discuss. Obviously, their names have been out there on the blogs and in the rumor mills."
Well, looks like we don't have to worry about either Price or Lester. The Rays don't seem interested in dealing Price at this point, and news broke this morning that Lester has been traded to the Oakland A's, who already had acquired pitchers Jeff Samardzija and Jason Hammel from the Cubs.
Melvin made it clear he didn't think a huge change was needed on his roster.
"We like our major league club, and we also like a lot of our minor-league players," he said. "You go through this process and you find out there are a number of our minor-league players that teams have expressed interest in. They're all at different levels."
It is my belief that Melvin is concentrating in the final hours before the deadline on acquiring a right-handed reliever with setup/closer experience and perhaps a veteran left-handed bat for the bench. He gave no indication to Matzek that a major deal is in the making.
"If we stay healthy, we still feel we can win this division," said Melvin. "Our pitching has been really good since the all-star break. But it's going to be a dogfight over the last 50 games of the season."
- Jonathan Lucroy withheld from lineup because trade talks 'progressing'
- Jonathan Lucroy not in Brewers' lineup
- Jonathan Lucroy in lineup; Ryan Braun out
- Jonathan Lucroy has right to block trade to Cleveland
- Craig Counsell wants Jonathan Villar to learn lesson
- Brewers look to take series from Diamondbacks
- Brewers place Jacob Barnes on DL, recall Michael Blazek
- Keon Broxton, Jake Elmore get starts in outfield
- Having to shut down Domingo Santana again 'a big setback'
- Jean Segura, Rickie Weeks return to Miller Park


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Chopped Salad
Total Time
2hrs 45mins
Prep 45 mins
Cook 2 hrs
Good salad, easy enough for either everyday or company. Cook time is refrigerator time.
Ingredients Nutrition
- 3 tablespoons white wine vinegar
- 1⁄4 teaspoon minced garlic
- 1⁄3 cup packed basil leaves
- 1⁄4 cup extra virgin olive oil
- salt & freshly ground black pepper
Salad ingredients
- 4 1⁄2 cups romaine lettuce, coarsely chopped
- 3 ounces prosciutto, well trimmed and chopped
- 3⁄4 cup cooked cannellini beans or 3⁄4 cup chickpeas, optional,i use progresso brand
- 2 tablespoons red onions, chopped
- 1⁄2 cup diced seeded tomatoes
- 1 jar marinated artichoke hearts, drained and quartered
- 1⁄2 cup feta cheese, crumbled
- 1 cup kalamata olive, pitted and cut in half lengthwise
- Dressing: In a blender mix all dressing ingredients, after seasoning with salt and pepper to taste, set aside.
- Salad: In a large bowl combine the romaine, prosciutto, (cannelini or chick peas), red onion, diced tomato, olives and artichokes.
- Mix well.
- Add the dressing and toss well.
- Serve sprinkled with the feta cheese.


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Harken's Sport Sunglasses offer excellent eye protection, optical clarity, and have an active fit and appearance. The rubberized Grilamid frames are flexible, durable, and have a matte black finish. Polarized lenses block 100% of UVA, UVB, and UVC rays, and have a hydrophobic coating to repel water and prevent salt residue from building up.
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- Exterior hydrophobic coating repels water and resists water spots for easy cleaning
- Interior anti- reflective coating reduces reflections and glare
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|Recommended Use
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Jackson News
Local news for Jackson, MI continually updated from thousands of sources on the web.
29 Shocking Celebrities Who Used To Be Smoking Hot
How Should the US Government Respond to ISIS?
What role do you think humans play in global warming?
Jackson news is powered by NewsRank™
Updated: Mon Dec 05, 2016 01:03 pm
Copyright © 2016 Topix LLC


text:
Olympus VG-170 Review
Latest Camera Reviews
Olympus OM-D E-M1 Mark II Review
Panasonic Lumix DMC-FZ2000 Review
Panasonic Lumix DMC-LX15 Review
Sony Cyber-shot DSC-RX100 V Review
Mac users, we're pleased to announce Macphun's all-in-one photo editor Luminar is now available for purchase with special launch pricing. (Existing Macphun customers get a further discount.)
We rated Luminar as "Highly Recommended", and you can now visit the Luminar web site to try it for free.
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Martha Skinner Cargill 3/19/1922 12/5/2012 Martha passed away peacefully on December 5th, with her family around her. She left this life the way she lived, in control and the way she wanted it. She was born in New Britain, CT to Sherrod Emerson Skinner and Abigail Elizabeth (Leete) Skinner, where her family had roots going back to Colonial days. She moved to Michigan, with her sister Shirley and her twin brothers, Rod and Dave, in 1930 when her father accepted a position at
General Motors
, where he eventually rose to Executive Vice-President. In line with the women on her mother's side going back to 1840, she attended Mount Holyoke College in South Hadley, MA, graduating with a degree in Fine Arts in 1943. She worked on her Masters in Education at the
University of Michigan
and at Merrill Palmer Institute in Detroit. She married Don Ashton Cargill on January 4, 1946 and they shared a long happy marriage until his death in 2000. Her lifelong passions were education, international exchange, fine arts and community service. She went to Peru in the summer of 1942, on a banana boat through the Panama Canal on the Experiment in International Living. She was a member of the Board of Trustees at Merrill Palmer and at Mount Holyoke. Living first in Seaside, OR after her marriage, she returned to Michigan where Don founded the Cargill-Detroit Corporation, a custom engineering firm that remained in business until 2003. In Birmingham, MI, she was a member of Sigma Gamma (a volunteer auxiliary for the Detroit Children's Orthopedic Hospital), the Junior League of Birmingham, the Village Women's Club, and St. Elizabeth's Guild at St. James Episcopal Church. She supported many museums and foundations, sponsoring several educational scholarships and hosting many international exchange students. She and Don first came to the Tucson area in the late 1970's because of her interest in Latino and Native American art and culture. They returned every year, eventually building a home off Ina Road which hosted numerous visits from children, grandchildren, family and friends. She was a generous supporter of Tohono Chul Park, the Arizona-Sonora Desert Museum, and the University of Arizona Department of Archaeology. She is survived by her daughter, Sue Bradley (Scot); her son, John (Karen); her Bradley grandchildren, Chris, Nate (Jessica) and Matt; her Cargill grandchildren, John Jr. (Nicole), Jeffrey and Jessie. She also has two great-granddaughters, Emerson and Ashton Cargill. In lieu of flowers, the family asks that donations be made to Tohono Chul Park, 7366 North Paseo del Norte, Tucson AZ 85704. There will be a Memorial Service at 10:00 a.m. on Saturday, April 27, 2013 at St. Phillip's in the Hills, 4440 North Campbell Ave., Tucson AZ.
Published in the Arizona Daily Star on Apr. 21, 2013
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Is Facebook Trying To Monetize Messenger With Its Own Siri?
The rumor that Facebook is working on a virtual assistant for Messenger falls in line with its past efforts to monetize the app.By Ben Lawson | July 14, 2015
Rumors surfaced Tuesday that Facebook was working on a virtual assistant for its Messenger app that would rival Apple's Siri.
Details on the project are slim, and what's out there all comes from anonymous sources through tech news site The Information. But the rumor does line up with Facebook's other efforts to monetize the app.
Facebook split its messaging service from its main social networking app last year. Although the decision was unpopular at the time, App Annie reports Messenger is the No. 1 social networking app in the U.S.


text:
Lyrics Depot is your source of lyrics to I'm Gonna Sit Right Down And Whittle Away My Furniture by TISM. Please check back for more TISM lyrics.
I'm Gonna Sit Right Down And Whittle Away My Furniture Lyrics
Artist: TISM
Album: Hot Dogma
It's a haunting world we live in full of despair
I ponder on man's great questions as I whittle away my chair
I've seen a lot of problems in my lonely life
Torment and psychosis - where'd I put that pocket knife?
How can man be so oppressed if we are all born free?
I sit alone and wonder with shavings up to my knees
There must be something that can be done for those of us that are able
I'll get to the problem right away, but first I'll get rid of my dining table.
TISM Lyrics
TISM Hot Dogma Lyrics
More TISM Music Lyrics:
TISM - 40 Years - Then Death Lyrics
TISM - Bishop = Handjob Lyrics
TISM - Everyone Else Has Had More Sex Than Me Lyrics
TISM - Honk If You Love Fred Durst Lyrics
TISM - Jesus Pots The White Ball Lyrics
TISM - Kill Americans Lyrics
TISM - Mr. Ches Baragwanath, State Auditor-General Lyrics
TISM - The TISM Boat Hire Offer Lyrics


text:
1 Care Companion Job Found
Father has Alzheimer's
Posted by Lynne J. on 11/10/2016
- Start date:
- Flexible
- 13 miles away (Kansas City, MO)
- $15/one way
My parents live at Brookdale Senior Living on Worrnnal Rd. Father had Alzheimer's and mother the begins on Dementia. They need general help in the apartment with companionship if my mom needs to leave, daily activities and transportation. We are open to male caregivers as well.


text:
LOT 16 Gorham Pond Road Dunbarton, NH 03046
Listed by Dawn Shearholdt of Prodigy Real Estate
Call Four Seasons Sotheby's International Realty Real Estate for more information.
Lot Size: 5.05 acres
- Property Type: Land
- Acreage: 5.05
- State: NH
- Street: Gorham Pond Road
- Zip Code: 03046
- Town: Dunbarton
- Area Description: Mountain, Rural
The New England Real Estate Network provides Multiple Listing Services (MLS) in the States of New Hampshire, Vermont, Massachusetts and Maine.
Copyright© 2016 The New England Real Estate Network. All rights reserved. This information is deemed reliable but not guaranteed. The data relating to real estate displayed on this Site comes in part from the IDX Program of NEREN. The information being provided is for consumers personal, non-commercial use and may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Data last updated on 12/09/2016.


text:
Original Article
A pilot study of adalimumab in infliximab-allergic patients
Version of Record online: 14 DEC 2006
Copyright © 2004 Crohn's & Colitis Foundation of America, Inc.
Inflammatory Bowel Diseases
Volume 10, Issue 4, pages 333–338, July 2004
Additional Information
How to Cite
Youdim, A., Vasiliauskas, E. A., Targan, S. R., Papadakis, K. A., Ippoliti, A., Dubinsky, M. C., Lechago, J., Paavola, J., Loane, J., Lee, S. K., Gaiennie, J., Smith, K., Do, J. and Abreu, M. T. (2004), A pilot study of adalimumab in infliximab-allergic patients. Inflamm Bowel Dis, 10: 333–338. doi: 10.1097/00054725-200407000-00002
Publication History
- Issue online: 14 DEC 2006
- Version of Record online: 14 DEC 2006
Funded by
- Inflammatory Bowel Disease Translational Research Fund
- Feintech Family Chair in Inflammatory Bowel Disease
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text:
Alia and Katrina flaunt their mean water aerobic moves1,983 views
The actresses have been training hard for the ongoing 'Dream Team' concerts.
Mumbai: Whoever said actors and actresses have it easy have figured it out all wrong. A video that Alia Bhatt uploaded today is testimony to the physical extremities our stars are subjected to.
The video has Alia Bhatt along with her gym buddy Katrina Kaif, who also are amongst the most sought after actresses in the country, today.
The two have extensively been touring the U.S., along with Sidharth Malhotra, Varun Dhawan, Aditya Roy Kapoor, Parineeti Chopra, Karan Johar and Badshah.
With videos and pictures of the 'Dream Team', as they have christened themselves, going viral, the interest surrounding the concerts has been piqued substantially worldwide.
The video in question has Alia along with Kat strenuously working out through water aerobics. The two very fit actresses can be seen doing pool exercises in the inspiring video, though they do get visibly tired by the end of it.
The duo, nevertheless, deserve serious credit for putting in the kind of efforts they have, so they look like a dream.
Alia Bhatt's Profile:
Alia is the daughter of Mahesh Bhatt (director, producer, and screenwriter) and Soni Razdan,(film actress and director). She has one sister Shaheen Bhatt, a half sister Pooja Bhatt, and a half brother Rahul Bhatt. Actor Emraan Hashmi and director Mohit Suri are her cousins and producer Mukesh Bhatt is her uncle. Alia has completed high-school from Jamnabai Narsee School IB in May 2011. She started her career in Bollywood as a lead role in the film Student Of The Year.
Courtesy: Deccan Chronicle & IMDB


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- Description
DetailsDonco Silver Metal Twin Full Bunk Bed 4502-3S
- Additional Information
Additional Information
SKU 15800189 MPN 4502-3S GTIN No Brand Donco Collection No Assemble Length No Assemble Width No Assemble Height No Assembly Required Yes Material Metal Finish Silver Bed Styles Bunk Bed Shipping Time 4-7 Days Free Shipping Yes
- Reviews
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Jacksonville Jaguars linebacker Telvin Smith is back with the team following his brother's death and expected to play Sunday at Detroit.
Smith attended meetings and took part in the team's walkthrough Friday. Smith's brother was shot and killed in their hometown of Valdosta, Georgia, on Sunday. Smith traveled home Monday and missed several days of practice and meetings. Adding to his emotional week, Smith's girlfriend gave birth to their son Wednesday.
"It was great to see him back," Jaguars coach Gus Bradley said Friday. "He (was) pretty sharp."
Smith planned to return to Valdosta later Friday and remain there for his brother's funeral Saturday....


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"St. Vitus Cathedral - Tomb of St. John Nepomuk" St. Vitus' Cathedral Tip by yooperprof
St. Vitus' Cathedral, Prague: 328 reviews and 578 photos
Designed by the the 18th century Viennese artist/architect Johann Fischer von Erlach (the younger), this tomb for one of Prague's beloved native saints (who actually died in the 1300s) was created from 3700 pounds of solid silver. What an amazing thing! I've never seen anything like it.
Address: St. Vitus Cathedral, behind the altar
Directions: Prague Castle
Phone: +420 224 373 368
Website: http://www.katedralasvatehovita.cz/en
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Current and Upcoming:
Remains premiered July 5-7, 2016 at the American Dance Festival. Click here for information.
Remains NYC premiere at the Brooklyn Academy of Music, September 21-24, 2016 was at the Harvey Theater as part of BAM's Next Wave Festival. Click here for information.
Video: 'Remains' in Development features Remains rehearsal footage and an interview with John Jasperse and from a developmental residency at the Maggie Allesee National Center for Choreography at Florida State University, March 27-April 10, 2016
Press for Remains:
Re-envisioning Shreds of Memory – Deborah Jowitt, DanceBeat 9/25/16
Dance That Playfully Brings Art History to Life – Brian Seibert, NYTimes 9/22/16
John Jasperse, Brooklyn Academy of Music, NY – 'Enchanting' – Apollinaire Scherr, Financial Times 9/22/16
'Remains' Review: Using Art History to Shape Bodies – Robert Greskovic, Wall Street Journal 9/27/16
Forward and backward and forward with John Jasperse – Eva Yaa Asantewaa, Infinite Body 9/22/16
A Spectacle, a Smorgasbord, a Show: John Jasperse's Remains at BAM – Rachel Rizzuto, Bachtrack 9/23/16
John Jasperse's 'Remains' at Next Wave – Gus Solomons Jr., Solomons Says 9/26/16
John Jasperse Hopes 'Remains' Lasts After the Dancing Stops – Gia Kourlas, NYTimes 9/20/16
John Jasperse Somehow Stops Time While Moving It Forward in Remains – Michaela Dwyer, Indy Week 7/12/16


text:
Let's pretend for a second that Morgan is a very strong and confident person when it comes to relationships, which takes us to the scene in Origins where Hunter confesses that he kissed Justine.
I own nothing btw!
"I kissed her," he said. "I knew as soon as I did it was a mistake. I was lonely and… sad. I missed you. I wanted you." Hunter groaned softly. I felt like I'd been hit by a train.
"I'm outa here," I whispered, shaking my head while slowing getting to my feet.
"Morgan," he grabbed my arm, holding me in place, "I'm sorry. So sorry. If there was some way that I could undo it, I would."
"But you can't," I screamed, turning to face him. "You made your choice and now I'm making mine." With that I wrenched my arm from his grip and continued heading for the door.
He followed after me saying, "I don't know what to say, how to explain it all to you. I love you very much. You're my muirn beatha dan and I know that!"
"You don't need to explain anything," I replied, shoving the door open. "And ya know just cause you're my muirn beatha dan doesn't mean I have to be with you. My mom taught me that one."
"Morgan please," he came up while I was getting into Das Boot. "The whole drive home, you were all I could think about."
"Save it Hunter! You shoulda thought of the consequences before you kissed her. There's a lot of other guys I could have, but I chose you… well that was a mistake and you can go to hell." I slammed the door shut and peeled out, my back tired kicking up dirt and stones. I wouldn't cry, not over him. Not over any man, cause I don't need them.
But a little pay back would be nice.
I have an idea of how to continue this, so I may or may not. Either way feed back is good. (and to all the Morgan/Hunter fans, I love them together to! but this just popped into my head)


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Having unwanted fat in different areas of your body can have a substantial effect on your health and self-esteem. While standard weight-loss through exercise and diet is a fantastic method to slim down overall, even the very best workouts can't target issue locations like the tummy, inner thighs, arms, and buttocks. Liposuction is a time tested treatment that is used to eliminate excess fat from particular areas of the body, allowing an individual to form and contour their body to their preference. Is liposuction right for you? Discover now.
Pros of Liposuction
There are many benefits to this cosmetic treatment, consisting of:
• Instantly obvious changes. Unlike traditional weight loss, liposuction creates modifications that are instantly visible in the body. Some difference is obvious right away, and the desired outcomes are normally achieved in simply a couple of days.
• Proven and safe. This cosmetic treatment has been performed by seasoned cosmetic surgeons all over the world for many years and the method has been improved over and again to be safe and efficient.
• Healing time is usually fast. The downtime needed after having this type of procedure is generally much less than what is needed for other kinds of cosmetic treatments, consisting of abdominoplasty, breast reduction, and more. People who have had the treatment can frequently go back to work far more quickly than they expected and can return to living a healthy, active way of life.
• Weight-loss can be long-term. With the ideal upkeep strategies, the fat that was removed during the liposuction procedure will not return.
• Complete control over your physique. With liposuction, a person can have complete control over how they wish to look, beyond exactly what standard diet plan and exercise can offer. Providing individuals this power over their bodies increases self-confidence and aid individuals feel their very best.
While there many benefits to liposuction, there are obviously a couple of caveats that should be taken into consideration before making the decision to move forward with the treatment.
Cons of Liposuction
Before having liposuction done, it is necessary to examine the potential drawbacks of the treatment and determine if the advantages surpass the risks in your particular case. Your cosmetic surgeon can assist you learn more about the dangers associated with the treatment and can assist you choose if moving forward is the ideal thing for you.
• Issues with general anesthesia. Due to the fact that liposuction is carried out under basic anesthesia, the procedure brings the exact same dangers as any other type of surgical treatment where basic anesthesia is used. Underlying medical conditions might increase these risks.
• Unfavorable responses. Bruising, bleeding, and pain are all to be anticipated, nevertheless, in unusual cases can cause more significant complications.
• The possible to acquire the weight back. After having actually liposuction done, it is important to maintain a healthy diet plan and workout appropriately as advised by your physician. Failure to do so could lead to getting back the weight that was lost or perhaps a lot more.
There are risks associated with liposuction, for many people, the advantages far surpass them. Inform yourself about the treatment by having thorough discussions with your surgeon and think about how liposuction has the prospective to affect you as a special individual. Just you and your specialist can identify if liposuction will offer you with the outcomes you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Hernando FL
Laser liposuction is a more recent, minimally invasive treatment that involves heating the fat cells to melting point and removing the melted fat through a little cannula. The procedure is normally done right in your doctor's office and is an outstanding option for individuals who have less than 500 ml of fat to get rid of from any one location. Laser liposuction can be a safe, complementary treatment to weight loss in order to shape the body you've always wanted.
Contact a Specialist in your Hernando FL today.
If you're thinking about liposuction as a weight loss solution, it is necessary that you discuss your desires with a certified cosmetic surgeon in your area. Your surgeon will carry out a complete exam and health history survey to identify if liposuction can benefit you and assist you reach your physical and psychological goals. Call today for a consultation and learn more about how liposuction can assist you attain the body of your dreams.


text:
Thomas Bear Charm in Check Cashmere
$250 $250
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In this window, you can find out the shipping and returns options for the selected item or contact Customer Service for further assistance
- A charm featuring Thomas Bear, our signature teddy, in soft check cashmere.
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- Bear: 13cm/5.1in tall
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text: I think i am going to purchase the $1,500 MacBook Pro but I was wondering if Oblivion would run smoothly at high graphics settings. Oblivion is one of the main reason I am buying the mac so if someone could tell me there experiences with Oblivion or similar games on the MacBook Pro that would be great. thanks in advance. PS And feel free to recommend me laptops too.


text:
Having unnecessary fat in numerous areas of your body can have a significant impact on your health and self-esteem. While traditional weight loss through exercise and diet is a terrific way to reduce weight overall, even the very best workouts cannot target issue locations like the tummy, inner thighs, arms, and butts. Liposuction is a time checked treatment that is utilized to get rid of excess fat from particular areas of the body, enabling an individual to shape and contour their body to their preference. Is liposuction right for you? Find out now.
Pros of Liposuction
There are numerous advantages to this cosmetic treatment, including:
• Right away obvious changes. Unlike traditional weight reduction, liposuction develops modifications that are immediately noticeable in the body. Some difference is visible immediately, and the wanted results are generally attained in simply a few days.
• Proven and safe. This cosmetic procedure has actually been carried out by knowledgeable cosmetic surgeons all over the world for years and the method has been refined over and again to be safe and efficient.
• Healing time is generally quickly. The downtime required after having this kind of procedure is typically much less than exactly what is required for other kinds of cosmetic procedures, consisting of abdominoplasty, breast reduction, and more. People who have had the procedure can frequently return to work a lot more quickly than they expected and can get back to living a healthy, active lifestyle.
• Weight-loss can be long-term. With the ideal upkeep strategies, the fat that was eliminated during the liposuction procedure will not return.
• Complete control over your body. With liposuction, an individual can have complete control over how they wish to look, beyond what conventional diet plan and exercise can supply. Offering people this power over their bodies increases self-confidence and help people feel their best.
While there many advantages to liposuction, there are obviously a couple of caveats that must be taken into account before making the decision to progress with the treatment.
Cons of Liposuction
Prior to having liposuction done, it is essential to analyze the prospective disadvantages of the treatment and figure out if the advantages exceed the risks in your specific case. Your cosmetic surgeon can assist you find out more about the threats related to the treatment and can assist you decide if progressing is the best thing for you.
• Problems with general anesthesia. Since liposuction is carried out under general anesthesia, the treatment brings the same dangers as any other type of surgery where general anesthesia is utilized. Hidden medical conditions might enhance these risks.
• Negative reactions. Bruising, bleeding, and discomfort are all to be anticipated, however, in rare cases can trigger more significant issues.
• The prospective to acquire the weight back. After having actually liposuction done, it is vital to keep a healthy diet plan and workout correctly as recommended by your physician. Failure to do so might cause acquiring back the weight that was lost or possibly much more.
Although there are threats related to liposuction, for many individuals, the benefits far outweigh them. Educate yourself about the procedure by having extensive discussions with your surgeon and consider how liposuction has the possible to affect you as a special individual. Just you and your surgeon can figure out if liposuction will provide you with the outcomes you are looking for within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Cope CO
Laser liposuction is a more recent, minimally intrusive treatment that involves heating the fat cells to melting point and removing the melted fat through a little cannula. The procedure is generally done right in your physician's office and is an excellent option for individuals who have less than 500 ml of fat to get rid of from any one location. Laser liposuction can be a safe, complementary procedure to weight loss in order to sculpt the body you've always desired.
Contact a Specialist in your Cope CO today.
If you're thinking about liposuction as a weight loss option, it is essential that you discuss your desires with a qualified cosmetic surgeon in your area. Your specialist will carry out a total test and health history questionnaire to figure out if liposuction can benefit you and assist you reach your physical and emotional goals. Call today for an examination and learn more about how liposuction can assist you achieve the body of your dreams.


text:
Quick Chicken Cacciatore
Total Time
Prep 30 mins
Cook 45 mins
This was a quick dish for leftover chicken. You make it and freeze it, it freezes very well.
Ingredients Nutrition
- 2 cups cooked chicken or 1 lb boneless skinless chicken breast
- 1 small diced onion
- 2 cloves garlic, minced
- 1 (28 ounce) can tomatoes (whole or diced)
- 1 (15 ounce) can Italian stewed tomatoes (with garlic and oregano)
- 2 (4 ounce) cans sliced mushrooms (optional)
- 1 cup red wine
- olive oil
- In a heavy pot heat olive oil over medium heat.
- Add onion and garlic and cook until onion is soft.
- Add the chicken, cook until warmed.
- Add the wine and simmer for 5 minutes.
- Stir in the tomatoes, stewed tomatoes, and mushrooms and bring to a boil.
- Boil for 2 minutes and then reduce heat to low and simmer for 30 minutes.
- You can go longer only makes the flavors blend more and more.
- Serve over pasta.
Most Helpful
This was ok. It was kind of bland, I think more garlic and adding oregano, basil, and parsley would have helped it. It would be good with some green peppers thrown in too. As the other reviewer said it was sharp and runny. For the sharp, I added somewhere between 1/4 and 1/2 cup of ketchup. The runny wold have been better described as soupy; there was that much liquid. The recipe did not specify to drain the cans, so I did not. The resulting liquid inspired me to cook my pasta right in the Cacciatore pan. I added 8 oz pasta, covered and simmered for 9 minutes (or as the box directs). Not sure I would make this again, at least not without making quite a few changes. Thanks.
This was very easy to make and I liked the fact it comes all together in one pan. I did find it a bit sharp and runny with just the canned tomatoes, so next time I might add a touch of sugar and maybe a couple tablespoons of tomato paste, but other than that it was great. Thanks!


text:
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For more information about this kitten please call (321) 676-4815 or email us at firstname.lastname@example.com

Hey there, my name is Misha, I'm a little shy female who loves sleeping in my bed but will play with my brother too (we sometimes play rough!). I'm already spayed, micro-chipped and have all my shots, so I'm ready to find my forever home! I would love a place where I'm kept indoors safe and healthy, and I can get and give cuddles and loves. I have a really good purr once I feel safe and loved! I will grow up very fast so please love me FOREVER, not just because I'm a cute kitten!
Waiting with loves and purrs, Misha


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I popped my Whoovile quilt onto the back door and I love seeing it as I take out the trash or leave the house.
After last years Decorating Blow Out for our party, this year I'm scaling back. I am, however, putting out my ceramic trees in the Living Room. I need to find the star topper for this one.
recipe from Pioneer Woman. The only things I changed were, adding turnips and baking it in the oven for 4 hours on 275 degrees.
Have a wonderful weekend! I'm sure you are busy busy busy too


text:
Would like to head to Spain for a week to ten days in August. Besides Madrid, what sights, cities or towns would a teenager find interesting? Castles? Archaeological sites? And what in Madrid might be interesting to him? Trains and ferries preferred to autos. Thank you!
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Spain with 16 year old grandson
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Have you asked him? Did he deal with Spain in history or geography classes? Is he taking Spanish as a language? Have you encouraged him to raid the shelves of his local library and look things up?
When he gets enthused about something that he finds out on his own, that's when you know you're on the right track, not when somebody among us here on Fodors simply makes a recommendation that may have nothing to do with your grandson's preferences.
I suggest you, too, get a guidebook or three, read up on the history and geography, there is way too much in Spain to sum up in a glib few sentences.
When you have questions about specific locations and transportation modalities etc., we can help.
Report Abuse
Perhaps a visit to the Santiago Bernabéu, the home of Real Madrid, one of the greatest soccer teams in the world. http://www.realmadrid.com/cs/Satellite/en/1330131266093/ContenedorEstadio/Santiago_Bernabeu.htm
The spectacular Teleférico/Cable car with the best views of the city: http://www.teleferico.com/en
The Veranos de la Villa/Summer in the city festival goes on through August. World class concerts/performances in outdoor scenes every night. The one in the Sabatini gardens just outside the Royal Place is something special.
And you are close to Toledo, an adventure in itself: http://www.spain.info/en/que-quieres/ciudades-pueblos/otros-destinos/toledo.html
Madrid in August is usually very hot, so it might be a good idea to take the high speed AVE train to either Valencia or Barcelona in no time. Great beaches and tons of things to do. Barcelona is both the medieval Gothic quarter and ultramodern, and Valencia is, among other things, known for the cutting edge City of Arts and Sciences: http://www.cac.es/?languageId=1
The Port Aventura Park is one hour outside wonderful Barcelona: http://www.portaventura.co.uk/
Always updated info about Madrid: http://www.esmadrid.com/en/portal.do
Barcelona: http://www.barcelonaturisme.com/
Valencia: http://www.visitvalencia.com/en/home
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As nice as Madrid is, August in not the best month for visiting. It will be too hot to be actually enjoyable. Also, most of the better restaurants will be closed for the month. Instead, you should look at heading north, to Donostia-San Sebastian and the Basque coast, which include Asturias and Cantabria. And there is also Galicia, including a stop in Santiago de Compostela.
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As noted, give him a guide book so he can part of the planning.
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Thank you all so much. He has no interests outside of hanging out with friends and iPad. Very low key kid. Perhaps this is not the best place to take him. Alternative is the Caribbean. Need minimal time change as only gave a week. He wants warm and dry weather.
Report Abuse
"...He has no interests outside of hanging out with friends and iPad..." That changes everything. You'd be wasting your money and nerves. There would be too much unfamiliar stuff, and too much "to learn" for somebody who is not interested. A guarantee for disaster.
A week in the Carribean, if you can stand the idleness, seems the better of two not-very-interesting choices. Preferably where English is the main language so that he doesn't have to make an effort.
Report Abuse
Maybe taking him to somewhere out of his usual comfort zone, might just kick start his brain into more worthwhile activity. Unless you give him a chance to see something different, you and he will never know what he'll learn. Rather than Madrid, I'd go for Barcelona.
The easy route is say "Oh OK, he's a cabbage".
Report Abuse
What about some place like an ecotourism resort in Costa Rica? You have the beach, the rain forests with lots of interesting animals, hiking, etc. This kind of place would be out of his comfort zone and maybe out of yours. And no jet lag. We love it although we also love Spain.
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The Growlers
Our dearly departed (...to Seattle, that is) former Music Editor, Dave Segal, once wrote this about local band the Growlers: "The Growlers play party music that's shot through with an undertone of melancholy. It's as if their sepia-tinted rock songs come equipped with both the drunken cheeriness and the nauseating hangover." Damn. Now if that's not a compliment, we don't know what is.
Tue., March 24, 9 p.m., 2009
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Internet & Websites Posts - Page 10
The Arkansas Governor's URL now points to a LGBT forum
Thanks to an expiring domain registration, someone has taken the Arkansas Governor's URL and ensured it redirects to a LGBT community focused chat room and forum.
Expected to be in retaliation to Asa Hutchinson's harsh stance on the LGBT community, Hutchinson recently refused "to veto a bill which banned local governments in Arkansas from passing anti-discrimination ordinances to protect LGBT residents," as reported by Gizmodo.
According to Vocativ, this domain was taken over by a college student by the name of Dylan Hailey. In an interview with this news website, Hailey claims to currently own the domain registration details to 27 politicians now with no intentions to stop in the future.
Pew study finds 15% of US adults don't access the Internet
Majority of citizens in the United States access the Internet, whether using a PC, smartphone, tablet, or some other device - but 15 percent of adults still don't access the Internet, according to the Pew Research Center.
The US government and social service programs have increasingly invested in additional Internet adoption, and there has been a noticeable change. In 2000, a whopping 48 percent of the American adult population did not use the Internet.
"Despite some groups having persistently lower rates of Internet adoption, the vast majority of Americans are online," Pew said. "Over time, the offline population has been shrinking, and for some groups that change has been especially dramatic."
Continue reading 'Pew study finds 15% of US adults don't access the Internet' (full post)
Man responsible for killing Cecil suffering Yelp business backlash
Minnesota dentist Walter Palmer isn't a popular man these days, after it was reported he's the one responsible for killing Cecil the Lion in Zimbabwe.
Not surprisingly, his business, River Bluff Dental, has been absolutely decimated, despite Yelp removing countless reviews.
Motherboard, a Vice-launched business, spoke with Connor Jones, a digital media associate from the Go Fish Digital online reputation and management firm. Based on the large volume of low ratings assigned by random Internet visitors, it looks like Palmer's business would need more than 7,000 five-star reviews - or more than 17,000 four-star reviews - for the River Bluff Dental to receive a 3.5 rating.
Continue reading 'Man responsible for killing Cecil suffering Yelp business backlash' (full post)
Apparently, you can even use Wi-Fi on Mt. Fuji now
Japanese officials have teamed up with telecom company NTT Docomo to install Wi-Fi hotspots at eight different spots on Mt. Fuji.
Apparently, tourists and mountain climbers need a bit of Internet access, so they can post social media updates, publish selfies, and keep people informed about their travels. Cottages and buildings located near the summit of Mt. Fuji will also give people the chance to use the Internet and stay connected.
Realistically, this is a great way for Mt. Fuji visitors to receive updated weather and climbing condition reports wherever they are on the mountain. The trial period, which is active now until September, provides up to 72 hours of Internet access to each guest.
Continue reading 'Apparently, you can even use Wi-Fi on Mt. Fuji now' (full post)
Anger the Internet by killing Cecil the Lion? Suffer the backlash!
Minnesota dentist Walter Palmer isn't having a good day, as the Internet is flooding his business with angry phone calls, emails, and Yelp reviews.
Palmer, an avid hunter, was hunting in Zimbabwe when he shot 13-year-old Cecil the Lion. The lion, which lived on protected national parkland, was lured out of its sanctuary - and was shot by the bow hunter. After being wounded, Palmer and his paid guides tracked the animal for about 40 hours before finally killing him.
The lion was extremely popular among tourists at the park, and had six lioness mates and more than a dozen cubs. Palmer paid more than $50,000 to go lion hunting while in Zimbabwe, and killed an animal that wore a GPS collar while being tracked by Oxford University researchers, according to The Zimbabwe Conservation Task Force.
Continue reading 'Anger the Internet by killing Cecil the Lion? Suffer the backlash!' (full post)
Islamic State restricting Internet access in its self-declared capital
The Islamic State is heavily restricting Internet access in its so-called capital of Raqqa, Syria, according to recent reports.
The group recently began circulating leaflets that demand Internet cafes to remove all Wi-Fi boosters, private wireless adapters, and other hardware that helps provide Internet connectivity.
"You won't find computers in 95 percent of them," said Abu Ibrahim al-Raqqawi, c-founder of the Raqqa Is Being Slaughtered Silently organization, in a statement to The Daily Beast. "It's more like a small shop where not even two or three people can sit down. You go there, bring your own cell or laptop. You tell them, 'I want an account with you.' The Internet café owner will give you a password and account username."
Continue reading 'Islamic State restricting Internet access in its self-declared capital' (full post)
iiNet and TPG ISP merger approved by shareholders
Australian ISP giant TPG are today one step closer to succeeding in their controversial bid to takeover Australian ISP iiNet, after iiNet shareholders voted overwhelmingly to accept a revised $1.56B AUD offer.
According to the Australian Financial Review, 93% of shareholders voted in favour of the offer which would create the second biggest ISP in Austarlian, just behind Telstra Bigpond.
The next step in the bid is approval from Australian industry regulator ACCC, which the Financial Review specualate will be granted on August 20th.
Comcast will soon offer 2Gbps Internet service for $300 per month
Whatever connection you have at home, it probably pales in comparison to what Comcast will soon be offering through its Gigabit Pro service. The provider is set to offer a huge 2Gbps connection, a pipe that will see you downloading at over 200MB/sec, for $300 per month.
Considering Google Fiber costs $170 per month and provides you with a 1Gbps pipe, this price is not too bad at all. But, you'll be required to sign a 2-year agreement, with an early termination cost and up-front costs for installation ($500) and activation ($500). There are also other charges, such as "equipment, taxes, fees and other applicable charges" according to Comcast. Google only charges $300 for its "construction fees" on its Fiber service, while you're shelling out $1300 to Comcast to get up and running on its Gigabit Pro service.
The availability of the Gigabit Pro service is also locked down to just a handful of cities, as you can see above.
YouTuber 'PewDiePie' made $7 million last year alone
Just how much can you make for playing games? Well, if you're Felix "PewDiePie" Kjellberg, $7 million in 2014 from YouTube alone. Considering he was making $4 million a year in 2013, this is a nice increase.
The news is coming from Swedish newspaper Expressen, which said that their numbers are from the documents Kjellberg filed with the government in his country. Considering that he's only 25 years old, he is living quite the life that most gamers could only dream of.
Yahoo's Marissa Mayer still trying to find ways to modernize company
Yahoo CEO Marissa Mayer said the company's core focus is to help be the guide to the world wide web for Internet users, as Yahoo tries to find ways to change its format. Looking ahead, Yahoo wants to make sure users are well taken care of as more users transition from PCs to mobile devices, wearables, TVs, connected cars, and other future formats.
It remains a rough road for Yahoo, and the company's shares lost 20 percent since the start of 2015, while Google and Facebook note Wall Street gains.
"We're working very hard to take Yahoo, a very iconic company, and return it to greatness," Mayer said during Yahoo's annual investors meeting. "We've worked hard to build ourselves a future."
Continue reading 'Yahoo's Marissa Mayer still trying to find ways to modernize company' (full post)


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decided as amended june 12 1974.: March 20, 1974.
ROGERS C. B. MORTON, SECRETARY OF INTERIOR, UNITED STATES DEPT. OF INTERIORv.DELTA MINING, INC.; UNITED STATES OF AMERICA, APPELLANT IN NO. 73-1752; ROGERS C. B. MORTON, SECRETARY OF THE INTERIOR, UNITED STATES DEPARTMENT OF THE INTERIOR V. G.M.W. COAL COMPANY, INC.; UNITED STATES OF AMERICA, APPELLANT IN NO. 73-1753; ROGERS C. B. MORTON, SECRETARY OF INTERIOR, UNITED STATES DEPT. OF THE INTERIOR V. EDWARD MEARS, EARL BENCE, CHARLES J. MEARS, MURRAY MARTIN, ROCCO YANITY, CASMER YANITY, AND TONY YANITY, INDIVIDUALLY, AND AS PARTNER T/D/B/A M.Y. COAL COMPANY UNITED STATES OF AMERICA, APPELLANT IN NO. 73-1848
ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA D.C. Civil Nos. 73-857, 72-890, 72-928
Adams, Hunter and Weis, Circuit Judges.
Opinion OF THE COURT
ADAMS, Circuit Judge:
The question on this appeal is whether, under the Federal Coal Mine Health and Safety Act,*fn1 the Secretary of Interior may assess civil penalties against mine operators without making and publishing factual findings. The district court, in which the Secretary sought enforcement of assessment orders against the defendant mining companies,*fn2 held that the orders were invalid because of the absence of such findings, and the Secretary appealed.
The Act was passed in 1969 to "protect the health and safety of the Nation's coal miners."*fn2a At various times during 1971, inspectors of the Bureau of Mines, Department of Interior, entered and inspected the coal mines operated by the various defendants, seeking to determine the extent of compliance or non-compliance with the Act, and with the regulations promulgated thereunder.*fn3 During the course of these visits the inspectors detected a number of violations of the Act or the regulations. In each such instance, an inspector served the defendant in question with a notice of the infraction. Each notice stated that the particular violation had to be abated by a certain date. On the date set for abatement, the inspector returned to the mine and, upon determining that the violations had in fact been abated, furnished the defendant with a notice to that effect.
After the abatement of each violation and the notification of the defendant involved, the local office of the Bureau of Mines sent copies of the notices of violation and abatement to the Bureau's central office in Washington, D.C. There an Assessment Officer reviewed the various notices and sent proposed penalty assessment orders to the defendants.*fn4
The proposed penalty assessment orders informed each defendant that the Assessment Officer, after giving "due consideration" to certain statutory criteria, intended to assess civil penalties in various amounts; that the defendants could protest the assessments in writing; and that the defendants had a right, secured by statute, to request hearings. Each defendant protested the orders.*fn5 However, the Assessment Officer did not consider that a reduction in the size of the penalties was called for, and he accordingly notified the defendants of his affirmance of the proposed orders.
The defendants were also notified, upon affirmance of the proposed orders, that they had 15 days in which to request a hearing, and that upon their failure to do so within the prescribed time the proposed orders would become the final orders of the Secretary. No hearings were requested and the final orders of the Secretary were entered. When the defendants failed to pay the assessments set forth in the final orders, this action for enforcement was brought in the district court.*fn6
Section 109(a) (3) of the Act*fn7 provides in part as follows:
"A civil penalty shall be assessed by the Secretary only after the person charged with a violation under this chapter has been given an opportunity for a public hearing, and the Secretary has determined, by decision incorporating his findings of fact therein, that a violation did occur and the amount of the penalty which is warranted, and incorporating, when appropriate, an order therein requiring that the penalty be paid. . ..Any hearing under this section shall be of record and shall be subject to section 554 of Title 5."
Section 109(a) (1)*fn8 enumerates six factors to be considered by the Secretary in determining the amount of any penalty assessment:
"In determining the amount of the penalty, the Secretary shall consider the operator's history of previous violations, the appropriateness of such penalty to the size of the business of the operator charged, whether the operator was negligent, the effect on the operator's ability to continue in business, the gravity of the violation and the demonstrated good faith of the operator charged in attempting to achieve rapid compliance after notification of a violation."
The proposed orders of assessment which the defendants received from the Assessment Officer were on preprinted forms which recited, in some instances, that the six factors set out in the statute had been considered.*fn9 The final orders entered by the Secretary did not mention the six statutory criteria at all, but merely set forth the Secretary's finding that a violation "did, in fact, occur."*fn10 The defendants contend, and the district court agreed that in omitting from the final orders express findings of fact relating to the statutory criteria for determining the amount of penalty, and so providing no assurance of any considered application of these criteria, the Secretary failed to satisfy the requirements of section 109(a) (3).
The Secretary counters that the language of that section, requiring a "decision incorporating his findings of fact therein," applies only when a defendant has requested an oral hearing, and that when, as here, the Secretary makes a "decision" without any hearing, it is unnecessary under the statute to include any findings of fact.*fn11 We reject this contention and affirm the district court's grant of summary judgment in favor of the defendant mine operators.
We note that, in ordering penalty assessments without making express findings, the Secretary was acting pursuant to, and in apparent conformity with, the pertinent Regulations of the Department of Interior.*fn12 Regulation 100.4(h)*fn13 provides that once a proposed order of assessment has been made, the operator charged shall have 15 days in which to accept such order of the Assessment Officer or to seek a "formal adjudication." Acceptance, or failure to request an adjudication, results under the Regulation in the proposed order becoming "the final assessment order of the Secretary." Thus, the Regulations appear to contemplate the very procedure that was utilized here: a proposed order became final without the Secretary himself making findings on the question of penalty amount.*fn14 The question before us then, narrows to whether the Regulations themselves, as implemented, were consistent with the requirements of the Coal Mine Health and Safety Act.
As noted above, the Act provides that a civil penalty may be assessed only after the operator "has been given an opportunity for a public hearing." The language of the Act would appear to require also that, whether or not the operator requests a hearing, the assessment must be made "by [the Secretary's] decision incorporating his findings of fact therein, that a violation did occur and the amount of the penalty which is warranted." The Secretary seeks refuge from this interpretation by pointing to the legislative history, which, he asserts, supports his reading of section 109.
Nothing in that history convinces us, however, that any departure from the plain import of the statutory terms is warranted.*fn15 There is not a modicum of evidence in the reports from either House of Congress,*fn16 nor in the Conference Committee report on the compromise bill that became section 109,*fn17 that would indicate an intent to dispense with findings of fact where no hearing is requested.
Another consideration, apparent on the face of section 109, tends to indicate that findings are required when a violator does not seek a hearing as well as when he does. When a hearing is requested, the section 109 triggers the application in that proceeding of section 5 of the Administrative Procedure Act*fn18 which, by incorporating section 8 of the APA,*fn19 requires that the final decision of the Secretary be accompanied by findings. Thus the language in section 109 itself requiring findings would be merely duplicative if it did not refer to some situation other than that in which a hearing is requested and held. While duplication and repetition in statutory language are certainly not unheard of, it would seem a salutary rule to avoid reading the terms of a statute as mere surplusage in the absence of some proof that they were so intended. Lacking such proof here, we conclude that Congress intended every final assessment order of the Secretary to be accompanied by findings of fact.*fn20
Findings of fact, explicit and public, are necessary to assure that the administrative process not degenerate into arbitrariness or, worse, into discrimination and spite.*fn21 Thus, thought flexibility and the capacity to make rapid determinations are vital weapons in every administrator's arsenal, "we cannot assume in the absence of adequate explanation that proper standards are implicit in every exercise of administrative discretion."*fn22 Judicial review of a final administrative determination is heralded as a right,*fn23 and such review is rendered practically impossible, or at least vastly more difficult, where the agency's decision is not accompanied by express findings.*fn24
Though it might not be beyond Congress' power to provide for the entry by the Secretary of penalty assessment orders without findings of fact, such a provision would run against the grain of much of our administrative jurisprudence. The Secretary has failed to adduce any evidence that Congress intended, in enacting section 109, to permit some final determinations to be entered without such findings. Indeed, there is substantial evidence, on the face of the statute, just to the contrary. We therefore hold that the assessment orders in this case were invalid and that, to the extent they were entered in conformity with the Regulations, those Regulations too were invalid.*fn25
In so holding, we observe that the Bureau of Mines had not, at the time these assessments were made, established or adopted any detailed guidelines to assist Assessment Officers in the application of the six statutory criteria set out above for the exaction of civil penalties. The absence of any such guidelines led the Comptroller General, in a report on the Bureau of Mines,*fn26 to state that:
"We [the Comptroller General] were unable to determine the adequacy of the consideration given to the six factors and the basis for the penalties assessed in [400] sample cases.
". . . The mine operators did not know how the factors should be considered and weighed in determining the amount of the penalty."*fn27
Guidelines would go far toward assuring that penalty assessments bear a real and substantial relation to the six congressionally-selected factors. In the absence of such guidelines -- and their promulgation is for the Secretary, not the courts -- the clear mandate of section 109 must suffice. That mandate requires, at a minimum, that each final assessment order be accompanied by the Secretary's express findings, concerning both the fact of violation and the appropriate penalty amount.
We are in full sympathy with the goals and spirit expressed in the Coal Mine Health and Safety Act, and we have listened with concern to the Secretary's claim that a requirement of findings in every case may hobble efforts at effective enforcement of the Act's penalty provisions. Yet, we do not consider it appropriate to substitute for Congress' directive the Secretary's, or our own, notions of how best to administer the Act. Though the attainment of safe, reasonably healthy conditions in the coal mines is a commendable statutory objective, so too is the assurance that no one, be he miner or coal magnate, be treated arbitrarily or discriminatorily in any administrative proceeding.
Moreover, it may well be that the requirement of findings of fact in every case will mitigate, not worsen, the administrative burden cast upon the Secretary by his duty to enforce the Act. Where the proposed orders entered by the Assessment Officer, and the final orders of the Secretary, evince that full consideration has been give to the statutory criteria, mine operators may be less inclined to challenge the assessments by way of either administrative hearings or judicial proceedings. That is to say, without some positive indication of the Secretary's basis for calculating a particular assessment, an operator cannot make a reasoned judgment whether a penalty is a fair one, or a merely arbitrary exaction. Thus, by making explicit findings of fact in each instance -- that is, by making public a process that ought to be undertaken anyway -- the Secretary may well forestall numerous costly and time-consuming adjudicative proceedings.
We are aware that, only recently, the District of Columbia Circuit reached a conclusion concerning the Act that is at odds with our holding in this case. In National Independent Coal Operators' Ass'n v. Morton, 494 F.2d 987*fn28 that court reasoned that "the operator's failure to request a hearing suggests that he does not dispute the fact of violation nor disagree with the appropriateness of the specific penalty proposed," and that "where no issue is disputed by the operator, we do not believe that Section 109(a) (3) requires the Secretary to prepare a formal decision which merely would consist of the same information already contained in the proposed assessment order."*fn29
At least two considerations serve to distinguish the cases before us from that apparently confronting the District of Columbia Circuit in National Independent. First, in the cases before us, the defendant operators' failure to request a hearing in no way suggests that the appropriateness of the penalty amount went undisputed. In each instance, the operators lodged protests with the Assessment Officer, indicating that the propriety of the amounts was a hotly contested issue. In these circumstances, we are reluctant to infer from the operators' failure to request hearings that their objections to the penalty amounts suddenly ceased. There are other equally plausible reasons, cost and inconvenience among them, to explain the defendants' failure to seek formal hearings.
Second, a decision by the Secretary which sets out his findings of fact in these cases and thus demonstrates a considered application of the criteria of section 109, would not "consist of the same information already contained in the proposed assessment order." As indicated above, the proposed assessment orders in this case contained no "information" other than pro forma recitations that the six criteria for determining penalty amount had been considered. Thus, findings of fact in these cases would provide the operators with information they had not yet received, information to which, under our view of the Act, they are entitled.*fn30
Thus, at least in the context of these enforcement actions,*fn31 we adhere to the view that each final decision of the Secretary must be accompanied by findings of fact, concerning both the fact of violation and the magnitude of the penalty.*fn32
The judgment of the district court will be affirmed.
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December 15, 2010
MARIO WILLIAMS PLAINTIFF,v.GARY SWARTHOUT, ET AL., DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se. He seeks relief pursuant to 42 U.S.C. § 1983 and has requested authority pursuant to 28 U.S.C. § 1915 to proceed in forma pauperis. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1).
Plaintiff has submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). Accordingly, the request to proceed in forma pauperis will be granted.
Plaintiff is required to pay the statutory filing fee of $350.00 for this action. 28 U.S.C. §§ 1914(a), 1915(b)(1). Plaintiff will not be assessed an initial partial filing fee. 28 U.S.C. § 1915(b)(1). Plaintiff is obligated to make monthly payments of twenty percent of the preceding month's income credited to plaintiff's prison trust account. These payments shall be collected and forwarded by the appropriate agency to the Clerk of the Court each time the amount in plaintiff's account exceeds $10.00, until the filing fee is paid in full. 28 U.S.C. § 1915(b)(2).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
A complaint must contain more than a "formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient to "raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 127 S. Ct. 1955, 1965 (2007). "The pleading must contain something more...than...a statement of facts that merely creates a suspicion [of] a legally cognizable right of action." Id., quoting 5 C. Wright & A. Miller, Federal Practice and Procedure 1216, pp. 235-235 (3d ed. 2004). "[A] complaint must contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, U.S. , 129 S.Ct. 1937, 1949 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). "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.
In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740, 96 S.Ct. 1848 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421, 89 S.Ct. 1843 (1969).
Plaintiff states that defendants denied him access to the courts when they failed to fully process his administrative grievances and a defendant allegedly opened up and looked at legal mail that plaintiff received regarding another case. However, plaintiff does not allege any injury as a result of a defendant viewing his legal mail.
Plaintiff's complaint will be dismissed and plaintiff will be granted twenty-eight days to file an amended complaint.
The Ninth Circuit has not determined whether the opening of legal mail, outside the presence of the prisoner, violates constitutional rights. See Sherman v. MacDougall, 656 F.2d 527, 528 (9th Cir. 1981). An isolated opening of mail, even outside an inmate's presence, is of very doubtful constitutional significance. Plaintiff must do more than ambiguously assert that a legal mail was opened outside his presence on one occasion.
Furthermore, prisoners do not have a "separate constitutional entitlement to a specific prison grievance procedure." Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003), citing Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988). Even the nonexistence of, or the failure of prison officials to properly implement, an administrative appeals process within the prison system does not raise constitutional concerns. Mann v. Adams, 855 F.2d at 640. See also, Buckley v. Barlow, 997 F.2d 494, 495 (8th Cir. 1993); Flick v. Alba, 932 F.2d 728 (8th Cir. 1991); Azeez v. DeRobertis, 568 F.Supp. 8, 10 (N.D. Ill.1982) ("[A prison] grievance procedure is a procedural right only, it does not confer any substantive right upon the inmates. Hence, it does not give rise to a protected liberty interest requiring the procedural protections envisioned by the fourteenth amendment"). Specifically, a failure to process a grievance does not state a constitutional violation. Buckley, supra.
If plaintiff chooses to amend the complaint, plaintiff must demonstrate how the conditions complained of have resulted in a deprivation of plaintiff's constitutional rights. See Ellis v. Cassidy, 625 F.2d 227 (9th Cir. 1980). Also, the complaint must allege in specific terms how each named defendant is involved. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant's actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362, 96 S.Ct. 598 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Furthermore, vague and conclusory allegations of official participation in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
In addition, plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for leave to proceed in forma pauperis is granted.
2. Plaintiff is obligated to pay the statutory filing fee of $350.00 for this action. Plaintiff is not assessed an initial filing fee. All fees shall be collected and paid in accordance with this court's order to the Director of the California Department of Corrections and Rehabilitation filed concurrently herewith.
3. Plaintiff's complaint is dismissed for the reasons discussed above, with leave to file an amended complaint within twenty-eight days from the date of service of this Order.
Failure to file an amended complaint will result in a recommendation that this action be dismissed.
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One incredible boyfriend is reaching out to One Direction and the Internet in the hopes of popping the question to his girlfriend at 1D's concert on August 11 in Washington, D.C.
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