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United States District Court, Ninth Circuit
January 29, 2014
JAMES CHADAM and JENNIFER CHADAM, individually and on behalf of their minor children A.C. and C.C., Plaintiffs,v.PALO ALTO UNIFIED SCHOOL DISTRICT, a governmental entity created and existing under the laws of the State of California, Defendants,
CLAUDIA WILKEN, District Judge.
Defendant Palo Alto Unified School District (PAUSD) moves to dismiss Plaintiffs' first amended complaint (1AC). Plaintiffs James Chadam and Jennifer Chadam, individually and on behalf of their minor children A.C. and C.C., oppose the motion. Having considered the papers submitted, the Court GRANTS PAUSD's motion to dismiss, but permits Plaintiffs to amend their complaint.
The following facts are alleged in the complaint and taken as true for the purposes of this motion.
James and Jennifer Chadam reside in Palo Alto, California with A.C. and C.C., their minor children. 1AC ¶ 1. On July 22, 2012, Jennifer Chadam enrolled her sons A.C. and C.C. in a middle school owned and operated by PAUSD. Id . ¶ 6. She completed forms for enrollment, including a "Report of Health Examination for School Entry" regarding C.C. Id . ¶ 7. This form included "private, personal and privileged medical information." Id . PAUSD assigned both children to attend the middle school closest to their home. Id . ¶ 8. Between August 2, 2012, and August 16, 2012, the Chadams provided additional medical information regarding C.C. Id . ¶ 9. On August 16, 2012, A.C. and C.C. began attending their assigned middle school. Id . ¶ 10.
On or about September 11, 2012, during a parent-teacher conference, one of C.C.'s teachers disclosed C.C.'s private medical information to parents of another student attending the middle school (Mr. and Mrs. X). Id . ¶ 11. The teacher did so with no prior permission or notice from the Chadams. Id.
On September 11, 2012, PAUSD arranged for the Chadams to attend a meeting with Gregory Barnes, the middle school's principal, along with the PAUSD District Nurse and Grant Althouse, the Vice Principal and Administrator of sixth grade. Id . ¶ 12. At the meeting, the Chadams were told that the children of Mr. and Mrs. X had an active disease and that Mr. and Mrs. X had "discovered C.C.'s condition.'" Id.
On September 17, 2012, the Chadams received a call from Mr. Barnes informing them that, based on Mr. and Mrs. X's demands, and based on C.C.'s private medical information, PAUSD intended to prohibit C.C. from attending the middle school he was enrolled at and to transfer him to another PAUSD middle school. Id . ¶ 13. On October 1, 2012, the Chadams received a letter from Charles Young, PAUSD Assistant Superintendent, ordering the transfer of C.C. to another middle school. Id . ¶ 14.
On October 12, 2012, the Chadams brought suit in California state court seeking to enjoin PAUSD from transferring C.C. to another middle school. Id . ¶ 16. The parties settled the case, with PAUSD agreeing to permit C.C. to stay at the same middle school. Id.
On September 6, 2013, Plaintiffs brought the present suit in federal court, alleging (1) violation of the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq., (the ADA), through 42 U.S.C. § 1983; (2) violation of the Rehabilitation Act of 1972, 29 U.S.C. § 794 et seq., through 42 U.S.C. § 1983; and (3) violation of the federal right to privacy conferred by the First Amendment.
A complaint must contain a "short and plain statement of the claim showing that the pleader is entitled to relief." Fed.R.Civ.P. 8(a). The plaintiff must proffer "enough facts to state a claim to relief that is plausible on its face." Ashcroft v. Iqbal , 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570 (2007)). A claim is facially plausible "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 considering whether the complaint is sufficient to state a claim, the court will take all material allegations as true and construe them in the light most favorable to the plaintiff. Metzler Inv. GMBH v. Corinthian Colls., Inc. , 540 F.3d 1049, 1061 (9th Cir. 2008). The court's review is limited to the face of the complaint, materials incorporated into the complaint by reference, and facts of which the court may take judicial notice. Id. at 1061. However, the court need not accept legal conclusions, including "threadbare recitals of the elements of a cause of action, supported by mere conclusory statements." Iqbal , 556 U.S. at 678 (citing Twombly , 550 U.S. at 555).
When granting a motion to dismiss, the court is generally required to grant the plaintiff leave to amend, even if no request to amend the pleading was made, unless amendment would be futile. Cook, Perkiss & Liehe, Inc. v. N. Cal. Collection Serv. Inc. , 911 F.2d 242, 246-47 (9th Cir. 1990). In determining whether amendment would be futile, the court examines whether the complaint could be amended to cure the defect requiring dismissal "without contradicting any of the allegations of [the] original complaint." Reddy v. Litton Indus., Inc. , 912 F.2d 291, 296 (9th Cir. 1990).
I. Section 1983
PAUSD argues that it is a state agency and therefore not a "person" within the meaning of 42 U.S.C. § 1983. Plaintiffs bring all three of their claims under § 1983, purportedly to vindicate the rights set forth in Title II of the ADA, § 504 of the Rehabilitation Act, and federal privacy rights as provided by the First Amendment.
As a preliminary matter, Plaintiffs may not bring their Title II and Rehabilitation Act claims under the guise of a § 1983 claim. Section 1983 does not confer any substantive rights, but gives individuals a private cause of action to enforce other rights guaranteed by the United States Constitution and other federal law. Buckley v. City of Redding , 66 F.3d 188, 190 (9th Cir. 1995). But federal law may not be vindicated under § 1983 if, among other things, "Congress has foreclosed citizen enforcement in the enactment [of the law] itself, either explicitly, or implicitly by imbuing it with its own comprehensive remedial scheme." Id . The Ninth Circuit has ruled that, because Congress provided a comprehensive remedial scheme for individual suits under both Title II and the Rehabilitation Act, it intended to preclude suits seeking to enforce Title II rights through § 1983. Vinson v. Thomas , 288 F.3d 1145, 1155 (9th Cir. 2002). As a result, Plaintiffs cannot bring their first two claims under § 1983 and they must be dismissed. If Plaintiffs wish to vindicate rights provided by Title II and the Rehabilitation Act, they must sue under those statutes directly.
The only claim which Plaintiffs properly brought under § 1983 was their federal right to privacy claim. Azul-Pacifico, Inc. v. City of Los Angeles , 973 F.2d 704, 705 (9th Cir. 1992). Regarding this third claim, the question of whether PAUSD is a "person" within the meaning of § 1983 still remains.
Section 1983 provides that every "person" who, under color of any statute, ordinance, regulation, custom, or usage of any state deprives any person of any federally protected rights, privileges, or immunities shall be civilly liable to the injured person. It is well-established that neither the state, nor a state official acting in his or her official capacity, is a "person" under § 1983. Will v. Michigan Dept. of State Police , 491 U.S. 58, 65 (1989). Reading the language of the statute and examining Congress' purpose in enacting the statute, the Will Court concluded that Congress had not manifested a clear intention to hold states liable under 42 U.S.C. § 1983. Id. at 65-66, 68. The Court also ruled that a suit against a state official in his or her official capacity is essentially against the state itself, and so such suits are also barred for the same reason. Id. at 71.
Plaintiffs contend that PAUSD is not a state, but a local governmental unit or municipality that can be sued as a "person" under § 1983. See Hervey v. Estes , 65 F.3d 784, 791 (9th Cir. 1995) (citing Monell v. Dep't of Soc. Servs. of City of New York , 436 U.S. 658, 690 (1978)). Plaintiffs are incorrect; PAUSD is instead a state agency warranting the same protections as a state. To determine whether an entity is an "arm of the state, " courts in the Ninth Circuit apply a multi-factor balancing test: (1) whether a money judgment would be satisfied from state funds, (2) whether the entity performs central governmental functions, (3) whether the entity may sue or be sued in its own name, (4) whether the entity has power to take property in its own name or only in the name of the state, and (5) the corporate status of the entity. Mitchell v. Los Angeles Cmty. Coll. Dist. , 861 F.2d 198, 201 (9th Cir. 1988). Of the five factors of the Mitchell test, the first is predominant. Belanger v. Madera Unified Sch. Dist. , 963 F.2d 248, 251 (9th Cir. 1992).
Applying the Mitchell test to the California school system, the Ninth Circuit held in Belanger that California school districts are state agencies. Id. at 254. As a result of California Supreme Court decisions regarding public school financing and Proposition 13 property tax limitations, California maintains "strict state control of public school funding." Id. at 252. Moreover, California treats public education as a central governmental function by heavily regulating schools. Id. at 253. Following Belanger, courts in this district have repeatedly dismissed suits against California public school districts for this reason. See, e.g., Jianjun Xie v. Oakland Unified Sch. Dist., 2013 WL 812425, at *5 n.5 (N.D. Cal.) (dismissing § 1983 claims against Oakland Unified School District because it is a state agency); O.H. v. Oakland Unified Sch. Dist. , 2000 WL 33376299, at *3-4 (N.D. Cal.) (same); Scott v. San Francisco Unified Sch. Dist., 2013 WL 6185598, at *5 (N.D. Cal.) (following the Belanger court's holding that California school districts are "arms of the state" for purposes of the Eleventh Amendment); Doe ex rel. Kristen D. v. Willits Unified Sch. Dist., 2010 WL 890158, at *3 (N.D. Cal.) (same). As a California school district, PAUSD is a state agency equivalent to the state itself. PAUSD therefore is not a "person" within the meaning of § 1983, and so Plaintiffs' third claim is barred.[1]
II. Eleventh Amendment Immunity
Having already concluded that Plaintiffs improperly brought their first two claims under § 1983, and that Plaintiffs' third claim fails because PAUSD is not a "person" under § 1983, the Court could dismiss the complaint in its entirety and end its analysis there. But because Plaintiffs could amend their complaint to sue PAUSD directly under Title II and the Rehabilitation Act, in the interest of providing Plaintiffs with comprehensive guidance, the Court explores the effect of the Eleventh Amendment on Title II and Rehabilitation Act claims.
The Eleventh Amendment provides, "The Judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State." Courts have interpreted this to prohibit suits against the states and their agencies, whether brought by the state's own citizens or citizens of other states. Tennessee v. Lane , 541 U.S. 509, 517 (2004). State immunity is not absolute, however, with three exceptions to the rule: (1) Congress may abrogate that immunity pursuant to its lawmaking powers conferred by the United States Constitution; (2) the state may waive its Eleventh Amendment immunity; or (3) under the Ex Parte Young doctrine, immunity does not apply when the plaintiff chooses to sue a state official in his or her official capacity for prospective injunctive relief. Douglas v. California Dept. of Youth Authority , 271 F.3d 812, 817-18 (9th Cir. 2001).
The Court first considers whether an exception exists for a potential Title II claim. To determine whether Congress validly abrogated the state's immunity in Title II cases, the Supreme Court set forth a two-part test: "first, whether Congress unequivocally expressed its intent to abrogate that immunity; and second, if it did, whether Congress acted pursuant to a valid grant of constitutional authority." Lane , 541 U.S. at 517. Regarding the first question, it is clear from the text of the ADA that Congress intended to abrogate Eleventh Amendment immunity because Congress explicitly said so. Id. at 518 (the Act provides, "A state shall not be immune under the eleventh amendment... for a violation of this chapter."). As to the second question, whether Congress could abrogate state immunity depends on if it did so pursuant to a valid exercise of its power under § 5 of the Fourteenth Amendment. Id . The Supreme Court found in Lane that § 5 power is broad and includes the "authority both to remedy and to deter violation of [the] rights guaranteed by the Fourteenth Amendment by prohibiting a somewhat broader swath of conduct, including that which is not prohibited by the Amendment's text, " but is necessary to "prevent and deter unconstitutional conduct." Id . In other words, Congress' power under § 5 includes the ability to enact "prophylactic" legislation prohibiting practices that are discriminatory in effect. Id. at 520. After examining the history of disability discrimination in the provision of public services such as education, transportation, health services, and voting, the Supreme Court concluded that Congress acted within its § 5 powers in abrogating state immunity for ADA Title II, at least regarding the protection of certain fundamental rights guaranteed by the Due Process Clause, such as access to the courts. See id. at 528-34. The Supreme Court distinguished its decision in Garrett, which held that Congress did not have the power to abrogate state immunity in ADA Title I cases, because Garrett sought to enforce the rights under the Equal Protection Clause based on a classification subject to only rational-basis review. Id. at 528. In Lane, the Supreme Court declined to consider whether Congress rightfully abrogated Eleventh Amendment immunity from Title II's applications to public benefits such as state-owned hockey rinks. Id. at 531. Although the Ninth Circuit has not ruled on this particular issue, the district courts and other circuit courts have interpreted Lane to mean that courts must engage in a case-by-case analysis of whether an ADA Title II case involves "fundamental rights" to determine whether Congress rightfully abrogated state immunity with respect to it. See Talevski v. Regents of the Univ. of California, 2013 WL 4102202, at *4 (S.D. Cal.) (holding that participation in recreational programs open to the public did not implicate a fundamental constitutional right); Klingler v. Dir., Dep't of Revenue, State of Mo. , 455 F.3d 888, 894 (8th Cir. 2006) (ruling that Missouri's discriminatory parking placard fee did not significantly impair any fundamental rights such as those at issue in Lane). See also Phiffer v. Columbia River Corr. Inst. , 384 F.3d 791, 793 (9th Cir. 2004) (O'Scannlain, J., concurring) ("A State may well retain its Eleventh Amendment immunity where a plaintiff premises a Title II claim solely upon an alleged equal protection violation and has not suffered the deprivation of any other constitutional right.").
Not having a direct Title II claim against PAUSD before it, the Court cannot decide at this time whether this case involves a fundamental right. The scope of Plaintiffs' potential direct Title II claim is especially unclear because, at oral argument, Plaintiffs could not articulate exactly what right they sought to protect. Plaintiffs oscillated between claiming only a constitutional right to privacy, a right to education, or a combination of both. The Court therefore cannot make a meaningful determination as to whether such a right is fundamental.
The Court next considers whether there is an exception to Eleventh Amendment immunity regarding a potential Rehabilitation Act claim. Although Congress likely did not have the authority to abrogate state immunity regarding the Rehabilitation Act, see Vinson , 288 F.3d at 1158 n.2, the Ninth Circuit ruled that California waived state immunity under the Rehabilitation Act. Douglas , 271 F.3d at 819. The language of the Rehabilitation Act statutory language manifests "a clear intention to condition participation in the programs funded under the Act on a State's consent to waive its constitutional immunity." Id . By accepting federal funds under the Act, California waived its state immunity regarding the Act and consented to be sued. Id . The Eleventh Amendment therefore will not bar a direct Rehabilitation Act claim by Plaintiffs against PAUSD.
III. Plaintiffs' ADA and Section 504 claims are insufficiently plead
"To prove that a public program or service violated Title II of the ADA, a plaintiff must show: (1) he is a qualified individual with a disability'; (2) he was either excluded from participation in or denied the benefits of a public entity's services, programs, or activities, or was otherwise discriminated against by the public entity; and (3) such exclusion, denial of benefits, or discrimination was by reason of his disability." Duvall v. Cnty. of Kitsap , 260 F.3d 1124, 1135 (9th Cir. 2001). To plead a claim under § 504 of the Rehabilitation Act, after which the ADA was modeled, a plaintiff must prove similar elements: (1) that he has a disability; (2) that he is otherwise qualified to receive the benefit in question; (3) that he was denied those benefits solely because of his disability; and (4) that the benefits program receives federal financial assistance. Id.
Under either of these claims, Plaintiffs fail to provide enough facts to make a violation of the statute plausible. See Iqbal , 556 U.S. at 678. In their complaint, Plaintiffs target two alleged wrongs by PAUSD: the unauthorized disclosure of C.C.'s private health information and the attempt to transfer C.C. to another middle school. Plaintiffs then make a bare recitation of the elements of Title II and the Rehabilitation Act. Plaintiffs do not provide any facts or explanation as to how C.C. qualifies as a protected individual under either statute. While Plaintiffs allude to C.C.'s "condition, " they do not disclose what condition he has or how it qualifies as a disability under either statute.[2] The potentially sensitive nature of the information does not excuse Plaintiffs' duty to apprise the Court of the facts underlying their case. If Plaintiffs do not wish to disclose such information in a publicly-filed complaint, they may file a motion to seal that information. See Kamakana v. City & Cnty. of Honolulu , 447 F.3d 1172, 1179 (9th Cir. 2006); Civ. L.R. 79-5. To move to seal sensitive information successfully, Plaintiffs must make a particularized showing that compelling reasons exist for sealing the information, for example, that the information would become a "vehicle for improper purposes, such as... to gratify private spite, promote public scandal, circulate libelous statements, or release trade secrets"). Kamakana , 447 F.3d at 1179. By definition, information that is readily available cannot be sealable. See id. at 1180 (motions to seal are aimed to "maintain the secrecy" of the documents at issue); Apple Inc. v. Psystar Corp., 2012 WL 10852, at *2 (N.D. Cal.) ("There is no compelling reason to justify sealing the documents if the information is already available to the public.").
Additionally, Plaintiffs fail to spell out what benefits or programs C.C. was denied due to his disability. At oral argument, Plaintiffs at one point suggested the theory of the case was that C.C. was denied only the "benefit" of having his genetic condition kept private, then later said C.C. was also denied the right to go to school. Without passing judgment as to the adequacy of these theories, at the very least Plaintiffs must state on the face of their complaint the theory upon which they intend to rely.
To recover monetary damages under Title II or the Rehabilitation Act, a plaintiff must further prove either intentional discrimination or at least deliberate indifference. Duvall , 260 F.3d at 1138-1141 (finding evidence that county officials acted with deliberate indifference in denying the hearing-impaired plaintiff the use of a videotext display at his trial). Plaintiffs cite their complaint, which states that Mr. Barnes informed them that, based on the demands of Mr. and Mrs. X after learning of C.C.'s condition, "PAUSD intended to prohibit C.C. from further attending the middle school." 1AC ¶ 13. Although the paragraph identified does use the word "intended, " it does not allege that PAUSD tried to transfer C.C. with the intent to discriminate against him due to his disability, or with deliberate indifference to such discrimination. Further, there is no intent to discriminate based on disability alleged for the disclosure of C.C.'s medical information.
IV. The entire complaint is "covered" by FERPA
PAUSD additionally challenges that the confidentiality of student records is protected under the Federal Education Rights and Privacy Act (FERPA), 12 U.S.C. § 1232(g), not the ADA and § 504. PAUSD argues that Plaintiffs cannot assert their claims because the facts fit a FERPA claim rather than the claims Plaintiffs have chosen to assert. But Plaintiffs are the masters of their own complaint and are free to assert whichever claims they choose and eschew others. See Sullivan v. First Affiliated Sec., Inc. , 813 F.2d 1368, 1371 (9th Cir. 1987). The Court evaluates Plaintiffs' claims as plead, not as they have been recast by PAUSD.
The Eastern District of Michigan case cited by PAUSD, O'Neal v. Remus, 2010 U.S. Dist. LEXIS 35566 (E.D. Mich.), does not provide anything to the contrary. In analyzing the plaintiff's ADA and Rehabilitation Act claims, the district court noted that the plaintiff had not "identified any public service, program, or activity provided by the Detroit Board of Education that he claims to have been denied" and accordingly dismissed those claims. Id. at *13-14. The court did not summarily conclude that circumstances giving rise to a FERPA claim could not also give rise to an ADA or Rehabilitation Act claim, but instead found the plaintiff's allegations insufficient under the ADA and Rehabilitation Act themselves. Id . To be sure, Plaintiffs must identify a benefit or program to which C.C. was denied access. Disclosure of information alone is unlikely to satisfy this requirement, but the correct analysis is under the claims asserted, not FERPA.
PAUSD attempts to make a similar, but slightly different argument that, because its conduct was expressly permitted under FERPA, Plaintiffs cannot sue based on this conduct. Under FERPA, student information may be disclosed, without consent, to protect the health or safety of students. See 34 C.F.R. § 99.31(a)(10). Because neither party has provided the nature of C.C.'s condition and the reasons for the school's disclosure, the Court cannot at this time determine if PAUSD's defense is legitimate. For example, it is not clear that PAUSD disclosed the information for the purpose of protecting C.C. or another student or both. Additionally, PAUSD cites no law stating that, so long as it is compliant with FERPA, it cannot be liable under the ADA, § 504, or constitutional law claims for the challenged conduct.
V. Plaintiffs James Chadam, Jennifer Chadam, and A.C. cannot assert individual claims under the ADA and Section 504
PAUSD argues that only C.C. was allegedly denied benefits due to disability, and so the other Plaintiffs may not recover because they personally were not subject to a violation of any of the rights at issue. While parents may assert ADA and § 504 claims on behalf of their child, they may not assert claims based on their own injury arising from violations of their child's rights under those laws. See Blanchard v. Morton Sch. Dist. , 509 F.3d 934, 938 (9th Cir. 2007). C.C.'s parents are only proper plaintiffs "insofar as [they are] asserting and enforcing the rights of [their] son and incurring expenses for his benefit." Id . This does not include their own "severe past, present and future emotional distress, " "humiliation, " "embarrassment, " "disruption in family life, " or other damages if they themselves were not denied benefits due to disability. See D.K. ex rel. G.M. v. Solano Cnty. Office of Educ. , 667 F.Supp.2d 1184, 1193-94 (E.D. Cal. 2009). Plaintiffs James Chadam, Jennifer Chadam, and A.C. plead no additional facts or legal authority that would enable them to recover. Accordingly, their individual claims for relief must fail.
The Court GRANTS PAUSD's motion to dismiss. As ordered at the January 16, 2014 hearing, Plaintiffs may file an amended complaint no later than February 16, 2014. In the amended complaint, Plaintiffs should provide the status of the state court action involving the same events and explain why this action is not barred by the state court action due to either res judicata or release of claims.
By the same date, Plaintiffs must submit a petition for appointment of a person without a conflict of interest to serve as a guardian ad litem for C.C.
PAUSD shall answer or move to dismiss within twenty-one days of the filing of the amended complaint. If PAUSD moves to dismiss, Plaintiffs' opposition will be due fourteen days later. PAUSD's reply will be due seven days later. The motion will be decided on the papers. As noted at the motion hearing, a case management conference will be held, unless vacated, on April 16, 2014 at 2:00 PM. A joint case management conference statement will be due one week in advance.
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Key Job Responsibilities for this position may include but are not limited toProviding technical leadership through the whole project lifecycleProviding state of the art solution based on known and anticipated future business and functional and infrastructure requirements of the clientAssisting in creation of prototypes, POCs, presentations, collateral etc.Creating and maintaining the architectural deliverables for the projectEnsuring smooth and timely delivery of the project in collaboration with Project Manager and the project teamRequired QualificationsThis position requires 2-4 years actively serving in a Documentum Architect/Technical Lead RoleIn depth understanding of the Documentum Product Suite including Document Management, Web Content Management, Digital Asset Management, Records Management, CollaborationMust have extensive experience with customizing WebTop and Web PublisherExperience building custom client applications using WDK is a plusMust have experience with scanning and imaging solutionsAbility to design and implement Documentum based global solutionsStrong Knowledge of Documentum versions 4 and 5Must be able to work efficiently in Windows or UNIX or Linux environmentExperience with Documentum V6 is a plusSoft SkillsAbility to communicate with and influence customersAbility to provide technical and strategic leadership to both the client and development resourcesAbility to anticipate immediate and future business needs, use independent judgment and proceed on their own initiativeMust have strong teamwork, flexibility and communication skillsIndependent self-starter who is highly focused and results orientedA strong sense of responsibility and rigorous attention to detailEducation & ExperienceB.E. or M.Sc. Degree in Computer Sc. Or M.C.A or Bachelors degree in related engineering discipline or Foreign equivalentMust have at least 6 years experience with Documentum product suiteMust have 8+ years of software development experience
Degree: M.Sc. (Science) | MCA/ PGDCA
Additional Degree: BE/ B.Tech (Engineering)
Experience: 8-13
Degree: M.Sc. (Science) | MCA/ PGDCA
Additional Degree: BE/ B.Tech (Engineering)
Experience: 8-13
RequirementsInternet/E-commerce | Software Engineer | System Administration | System Analyst/Tech Architect
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4347 Great Oak Drive North Charleston SC 29418 MLS# 16001694 - North Charleston SC Real Estate
843-225-7007 - call to view this property today!
4347 Great Oak Drive - $85,000
North Charleston, SC 29418
Jericho On The Ashley
MLS # 16001694 - Residential Real Estate
Brick end unit 3 bedroom 1.5 bath townhouse. Fenced back yard to backs to woods. Owner doing work on property. You can buy now and put in your own sweat equity. Access to deep water, boat launch and swimming pool! Come take a look!
View the Full Details and Schedule a showing of this home in North Charleston
Call 843-225-7007 for info
Please contact us if you have any questions or comments.


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Quick Look
Property brokered by
Get more listing details on brokerage site
Presented By:
Stewart Voutour
(970) 547-7958
Email Agent
Stewart Voutour
(970) 547-7958
Email Agent
Property DetailsThis beautiful white picket fence house is one of the original Frisco homes. Most recent time this property sold was back in 1935, owned by the same Frisco family since that time. Three town lots included in the sale. They are positioned in the Central Core/Galena Street Overlay, over 10,000 sq. ft. allowing commercial and residential development that offers vast potential. Enjoy being only a block off of Main St. with abundant outdoor space and beautiful amenities in place including; a large multi level patio, gazebo, hot tub and water feature. House completely remodeled and expanded as well as a new metal roof. Grounds are meticulously cared for and drip irrigation system has been installed. Sale includes current architectural plans for one concept, however, other options for development exist.
Area Recent Sales
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Additional Property InformationThis single family listing located at 212 Galena Street, Frisco, CO boasts two bedrooms and one bathroom. The property is presently priced for $1,395,000.
This property is listed by Stewart Voutour of Slifer Smith & Frampton Real Estate based in Colorado.


text:
Potatoes in Bleu
Total Time
1hr 5mins
Prep 20 mins
Cook 45 mins
Great recipe for potatoes, easy to make.
Ingredients Nutrition
- 16 small red potatoes
- 1 teaspoon parsley
- 2 tablespoons butter
- 2 tablespoons blue cheese, crumbled
- Wash potatoes. Remove a "ring" of peeling from center of each potato.
- Leave remaining peel.
- In a saucepan, boil the potatoes in enough water to cover the potatoes.
- Cook until done, but still firm.
- Drain water.
- Add butter to saucepan and "fry" the potatoes until light brown and crispy.
- Add parsley and heat.
- Remove pan from heat and immediately add Bleu cheese so it can melt in the hot butter.
- Shake the pan to coat the potatoes well.
- Serve immediately.
Most Helpful
liked the featured chef's (jac the house daughter)bio so i thought id check out the recipes. so glad i did. i wanted something very tasty and very easy to make that didnt fall in the "processed food" catetory. this was it. i followed the recipe exactly, used all organic ingredients. i made this a meal for myself with a side salad. excellent recipe; easy delicious and inexpensive to make. thanks for sharing!


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The Surah derives its name from verse 71 and 73 in which the word zumar has occurred.
In verse 10 (wa ardullah-i-wasi atun : and Allah's earth is vast) there is abundant evidence that this Surah was sent down before the migration to Habash. Some traditions provide the explanation that this verse was sent down in respect of Hadrat Ja'far bin Abi Talib and his companions when they made up their mind to emigrate to Habash.(Ruh al-Maani, vol. XXII, p. 226).
The entire Surah is a most eloquent and effective address which was given some time before the emigration to Habash, in an environment filled with tyranny and persecution, ill-will and antagonism, at Makkah. It is a sermon whose addressees mainly are the unbelieving Quraish, although here and there the believers also have been addressed. In it the real aim of the invitation of Muhammad (upon whom be Allah's peace and blessings) had been enunciated, which is this:Man should adopt Allah's servitude sincerely, and should not pollute his God worship with the service of any other. Presenting this cardinal principle in different ways over and over again, the truth of Tauhid and the excellent results of accepting it, and the falsehood of shirk and the evil consequences of following it, have been explained in a most forceful way, and the people exhorted to give up their wrong way of life and return to the mercy of their Lord. In this very connection, the believers have been instructed, as if to say:"If a place has become narrow for the worship and service of Allah, His earth is vast: you may emigrate to some other place in order to save your faith: Allah will reward you for your patience."On the other hand, the Holy Prophet has been encouraged, so as to say:"Tell the disbelievers plainly that they may do whatever they like, but their persecutions and tyrannies will never deter you from the way of Islam; that they may go on doing their worst to obstruct your way, but you will continue to perform your mission in spite of the adverse conditions and circumstances."
Source: Sayyid Abul Ala Maududi - Tafhim al-Qur'an - The Meaning of the Quran
قُلْ يَا عِبَادِيَ الَّذِينَ أَسْرَفُوا عَلَىٰ أَنفُسِهِمْ لَا تَقْنَطُوا مِن رَّحْمَةِ اللَّهِ ۚ إِنَّ اللَّهَ يَغْفِرُ الذُّنُوبَ جَمِيعًا ۚ إِنَّهُ هُوَ الْغَفُورُ الرَّحِيمُ


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- Winter Welcome Sun house flag.
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- Material: Polyester with a 2 inch pole sleeve and tab.
- Flagpole and house mount sold separately.
Item Number: 102539
Quantity Available: 1
Quantity On Order: 0
Availability: In Stock


text:
PepsiAmericas bid08 May 2009
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Following Pepsi Bottling Group, PepsiAmericas has turned down PepsiCo's offer to acquire the rest of the company it doesn't already own, terming it unacceptable.
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Naruto Movie 6 Genjutsu World Characters
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Hi guys! I would like to make a proposition about the alternative counterparts of the shinobi at Genjutsu World such as Minato and Kushina should get their own page or we should get more info about them. What do you think? ΚΟΜΙΞ (talk) 15:51, May 29, 2013 (UTC)
- Don't see that happening. They don't differ much from the original characters. Menma is the only one who had his own article, due to the significant differences he has when compared to Naruto. Omnibender - Talk - Contributions 01:11, May 30, 2013 (UTC)
- Perhaps we can make a seperate section about the "Limited Tsukuyomi Counterparts" on the character pages and as for Menma, he's different not only in character but even his name is different. So I guess only Menma can have his own article. Teppei talk 06:19, 5/30/2013
- i don't think we can create another article about the counterparts. beside we got just one article with a list of counterparts "Genjutsu World". Kunoichi101 (talk) 06:25, May 30, 2013 (UTC)Kunoichi101


text: 000 NOUS46 KSEW 051534 PNSSEW WAZ001-503-504-506-507-509>517-555-556-558-559-567>569-202330- Public Information Statement National Weather Service Seattle WA 732 AM PST Mon Dec 5 2016 ...An adjustment has been made to the flood level for the new flood warning point at White River at R Street... The adjustment to the flood flow level for the flood warning point White River at R St. from 6,000 cubic feet per second (cfs)to 5,500 cfs was implemented today, December 5, 2016. The flood flow or stage is the level at which flood warnings are issued by the National Weather Service. Additional evaluations have indicated that flood impacts could be expected with flows starting at the 5,500 cfs level. Due to the changing nature of the stream channel of the lower White River, there is a fair amount of uncertainty regarding at what river level the flooding begins. This evolving nature of the river will likely mean continued adjustments to the flood levels as we see what the actual flood impacts are under high water conditions in the coming months and years. Flood warnings for the White River R St. gage will address flooding from Auburn down to the confluence with the Puyallup River,including the cities of Auburn, Pacific, and Sumner. This area has seen an increasing flood threat over the last several years due to changes in the stream bed. Here are the flood levels for the three flood categories that are in effect as of December 5, 2016: Minor Flood flow/flood warning level.....5,500 cfs Moderate Flood flow......................8,000 cfs Major Flood flow........................10,000 cfs If you would like more information about the National Weather Service hydrologic services in the Seattle area...please contact Brent Bower...Senior Service Hydrologist...at 206-526-6095. $$ weather.gov/seattle jbb


text:
Speaking out against the "political football" that has taken over the debate on long-term care, SAGA director-general Dr. Ros Altmann said the government must take action on the recommendations of the Dilnot report when it is published next week.
"Surely we must all wake up to the real risks that face our ageing society", said Dr. Altmann.
The Dilnot report is due to be published on July 4 after recent news of elderly people being denied basic care facilities, being forced to sell everything to pay for care, treated without dignity or left worrying about the security of their care homes broke out.
"Latest figures today show that spending on social care has been falling – even while the numbers in need of care have been rising", said the director-general of the charity.
"There are huge gaps in our social care budget and even the latest extra £2bn by 2015 that the government has announced will be given local authorities to fund care has not been ringfenced", she said.
"So the money is not getting through to where it is needed and local authorities are cutting care spending on the elderly by eight per cent according to new research from AgeUK", she added.
Charging the government of living in denial, Dr. Altmann said the government needs to act.
"Unless Andrew Dilnot's recommendations are taken seriously, acted upon, and not dismissed by politicians as being too hot to handle, then we face a care catastrophe that will make the pensions crisis look like a minor problem by comparison", she warned.
"In 1901 you could barely fill a football ground with the population of over-85s – there were just 61,000. In 2011 there are 1.5m and in 20 years there will be 2.5m", she said.
"The issue of care is huge, escalating, and relentless. It must not be kicked into the long grass because ministers consider it to be too hot a political potato", she complained.
"Failing to fund care will have dire ramifications for the health service, and the economy. Keeping an older person in a hospital bed costs £3,000 a week, but caring for somebody outside hospital is under £1,000 a week", she added.


text:
The Door -Queens and Nakisaki -LI: "Jamaican in Outer boroughs and Long Island" Combined Suggestions Tip by iam1wthee
Combined Suggestions, New York City: 54 reviews and 43 photos
The Door
If you find yourself in Queens check out this place. It is 5-10 min drive from St. Johns University. There is a take out part and a sit down area. Takeout takes forever; dont order when hungry. The restaurant is small but nicely decorated clean and neat. Everything on the menu tastes great, is authentic, yet still creative. For example they serve escovich chicken. The waiters and waitresses are very good too.
Club Nakisaki
Its 5-10min drive from Hofstra University and Nassau Coliseum.
Is a Chinese Jamaican restaurant/club. The top floor is a restaurant and bar and the bottom floor is a night club. The club is only open Fridays and Saturdays. You can rent for special occassions. They serve both traditional dishes and exotic combinations. You have the choice of eating at the buffet or ordering from the menu. The buffet is ok and you get more for your money and stomach. However the menu has more wonderful combinations that you may want to try. You will need a doggie bag though. Service here is excellent.
Favorite Dish: The Door
ackee and codfish
curry shrimp
coconut run down shrimp - they serve in the restaurant you will not see on the website
brown stewed snapper
Address: 163-07 Baisley Blvd, Queens, NY 11434
Price Comparison: about average
Directions: The Door 163-07 Baisley Blvd, Queens, NY 11434
Club Nakisaki 276 FULTON AVE. HEMPSTEAD, Long Island, NEW YORK,
Phone: 718) 525-1083, 516.292.9200
Price: US$11-20
Rating: 4
Theme: Other
Website: http://www.nakisaki.com/
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10 December 2016
You will have the opportunity to visit the world's highest waterfall on this short but memorable tour to Venezuela's beautiful Canaima National Park. The trip begins and ends in the capital Caracas from where you fly into the national park which sprawls over three million hectares in the south-east of the country along the border between Guyana and Brazil. Here, rolling savannas, palm groves, montane forests, and dense river woodlands join sheer cliffs and astounding steep flat-topped table mountains from which fall spectacular cascades of water. This is where you will find the Angel Falls, the highest uninterrupted waterfall in the world.
Your tour begins in Caracas where you will be picked up from the airport and taken to a reception at your hotel. Caracas is located under the Avila, a mountain that reaches 7,800 ft. and while in the city it is worth taking a cable car to the top because of the beautiful views and the nice cool weather. If you like hiking you can also make a three to four hour excursion, and return by cable car.
You will be picked up early from your hotel and taken to the airport for your short flight to Canaima, where you will be met and driven to the Waku Lodge which stands on the banks of the amazing Canaima Lagoon and facing the imposing Hacha waterfall. After settling in and enjoying lunch, you will have a canoe adventure on the lagoon with the chance to see nature at its finest.
Today is free for you to explore this beautiful national park, the second largest in Venezeula. What you do will depend on the time of year, but today is the day to take an excursion to see the mighty Angel Falls in all their glory on a full day trip to Salto Angel Base. There is an incredible variety of tropical wildlife in the area, including monkeys, poison arrow frogs and hundreds of species of orchids. The falls were named after US pilot Jimmy Angel who crash-landed in the area while searching for gold in 1937. Instead, he found the spectacular waterfall.
Your tour comes to an end today when you are picked up at the Waku Lodge and driven to the airport for the flight back to Caracas. You may have time for some more exploration of this beautiful area of the national park before leaving. At Caracas you will be met and driven back to your hotel. This tour makes an exciting add on to any holiday to South America.
Standard Rate fr £1045pp
Valid between:
Rates based on twinshare
International flights not included unless otherwise stated


text:
07-20-2002, 04:36 AM #1Disabled
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- Jul 2002
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Host for forums: Tera-Byte or Sonic Host
Need a host about 200MB+ space and 10GB bandwidth. I bought the "3R" from Tera-Byte today after reading reviews from Freewebspace.net. Then I found this site and read more than a handful of bad reviews about Tera-Byte from slow connection and downtimes. I'm a former Cyberwing customer and I hated that. Why would I go for another host if I will get the same problem. I don't want slow speed or downtimes.
Should I cancel my order? If so, what is a better host? I already have Myacen. I need another one. Is Sonic-Host any good? I didn't get reviews from the links that I found after searching this board.
07-20-2002, 05:01 AM #2Junior Guru Wannabe
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If i were you i would base it on the reviews if you think they are legit. as those are views of previous customers, and if there is anything you dislike about their service or products mentioned in the review i would cancel. if not bothered, give them a second chance, and maybe they will be better then you could write a good review for them!
07-20-2002, 07:49 AM #3Disabled
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- May 2001
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I prefer Sonic. They have great onion rings!
07-20-2002, 11:58 AM #4Web Hosting Master
- Join Date
- May 2002
- Location
- Michigan
- Posts
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I have had an account at tera byte for almost three years now.
The uptime and speed has been excellent, and this is the only host I have not had to move from.
However, if you need a message board, I would probably consider some other options. I heard that back in March, they limited the processing time that cgi scripts are allowed to use. This is probably true, because about that time my small cgi board began timming out at peak internet usage times. Not being a big complainer, I switched to phpBB which I have running on several other sites on another host. Well, now they must have adjusted the MySQL connections because it too reports "Can not connect to mysql database" at peak internet usage times.
I am considering moving the board to another host and leaving the rest of the site there, simply because it is the one host that I have had the least amount of problems with.
Also, I never block hot linking on that site because of the huge bandwidth allowance and I also host pages and pics for people there. Recently, another tera byte customer asked how to use htaccess to block hot linking, and because I wrote a tutorial on it for another site, I told him. He said it didn't work, so I tried it on my account there. Not only does Mod_Rewrite not work, but neither does SetEnvIf.
So honestly, I really do like tera byte, but if you need a subdomains, cpanel, a message board, mod_rewrite, or Set_EnvIf, I would have to say look around. There are much worse hosts out there, and if the above were implemented or fixed, I would love to say that they are the one of the best out there.
Last edited by ATST; 07-20-2002 at 12:04 PM.DANG DANG! DANG!!
I know ***** ripped off everybody else, but they wouldn't do it to me.
"When you use bottom feed for bait, you are only going to catch bottom feeders."
"You do what you are, and you are what you do."
07-20-2002, 11:59 AM #5WHT Addict
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The onion rings are awesome arne't they?http://www.sonichost.net
Hosting Solutions That Won't Break Your Budget!
07-20-2002, 12:33 PM #6Disabled
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Oh I definately need onion rings.
07-20-2002, 01:50 PM #7Disabled
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Go with a host with a sense of humor. I say sonic-host is the one!


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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
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United States District Court, S.D. Illinois
August 25, 2005.
TED KNOX, Plaintiff,
MARVIN F. POWERS, TERRY CALIPER, REBECCA FORNEAR, JACKIE HAMILTON, LANA WATKINS, TWYLA WALTON, CARROLL GEORGE, and JANE SIMMONS, Defendants.
Plaintiff, an inmate in the Tamms Correctional Center, brings
this action for deprivations of his constitutional rights
pursuant to 42 U.S.C. § 1983. Plaintiff previously was granted
leave to proceed in forma pauperis, and he has tendered his
initial partial filing fee as ordered.
Plaintiff states that in January 2003, routine blood work
indicated that Plaintiff had a high blood glucose level of 120.
Defendant Dr. Marvin Powers diagnosed diabetes, but refused to
monitor Plaintiff's blood sugar. In January and February 2003,
Plaintiff made requests directly to Defendants Powers and Terry
Caliper during their routine rounds to have his blood sugar
monitored regularly and to receive treatment for his diabetes,
but the requests were denied. Plaintiff also informed Powers and
Caliper during these rounds that he was suffering from excessive
thirst, frequent urination, abdominal discomfort, and nausea.
Powers and Caliper told him that these were common symptoms of
diabetes. In early March 2003, Plaintiff notified Defendant
Jackie Hamilton in person that his symptoms had worsened.
Hamilton refused to take any action and told Plaintiff that she didn't care how much he pled for help, she was not going
to give him medical care unless he "totally passed out."
Plaintiff states that during that night he suffered from severe
abdominal pain and began vomiting blood. Plaintiff asked
Defendant Rebecca Fornear to be taken to the hospital because he
felt like he was dying. Fornear refused to contact a physician at
night, stating that Nurse Hamilton had already placed his name in
the emergency sick call line for the next morning. At 9:50 the
next morning, several other inmates called an unnamed zone
lieutenant to get medical attention for Plaintiff because he was
lying in his cell unresponsive. Plaintiff was taken to the nurses
station where he collapsed. His blood sugar registered at 578. He
was immediately transferred to the hospital; when he arrived his
blood sugar was 898. He remained in the hospital for three days.
A chest x-ray taken at the hospital indicated that Plaintiff
had low lung volumes. Dr. Alfonso David told Plaintiff that he
feared his lungs would collapse if Plaintiff did not receive
treatment after he left the hospital. Dr. David told Plaintiff
that he would inform Powers and Caliper of the need for continued
monitoring. Upon his return to Tamms, Plaintiff told Powers that
he was having difficulty breathing and experiencing chest pain
and he requested treatment. Powers told him he would review his
chart. Between March 18 and 24, 2003, Plaintiff told Defendants
Carroll George, Twyla Walton, and Jane Simmons that he was
suffering from severe chest pains, shortness of breath, and right
side numbness and that he was coughing up blood. He requested of
all three that he be allowed to see a lung specialist. Each noted
his complaints.
On March 27, Powers examined Plaintiff and although Plaintiff
told him of his difficulty breathing and pain, Powers told
Plaintiff he would not order treatment by a specialist and that
he should not worry because many people have lived with only one
lung. Dr. Powers ordered Robaxin for Plaintiff's pain. Between
March 31 and May 5, Plaintiff continued to complain to Dr. Powers and Terry Caliper of his chest pain, difficulty breathing, and
coughing up blood. Powers and Caliper still refused treatment by
a specialist. On May 5, 2003, Plaintiff complained to Defendant
Lana Watkins of more severe chest pain. Watkins checked
plaintiff's lungs with a stethoscope and informed Plaintiff she
could only hear "crackles." Plaintiff requested immediate
treatment, which Watkins refused, stating that Walton told her
that Powers and Caliper were not going to send Plaintiff to an
outside hospital or specialist. Plaintiff requested that Watkins
contact Powers and Caliper to tell them that she heard only
"crackles" in his lungs. She agreed to do so. Shortly thereafter,
however, Watkins went to Plaintiff's cell and told him she had
decided not to bother Dr. Powers because he was already aware of
Plaintiff's requests for treatment by a specialist. Watkins
refused to discuss the situation further and told Plaintiff that
he never should have come to Tamms if he wanted special treatment
because Tamms was "built to punish not hand out special
treatment." On May 13 Plaintiff was examined by Dr. Powers who
stated that there did appear to be an air-flow problem, but that
he would not allow treatment by an outside specialist. On May 16,
Plaintiff was given a chest x-ray and shortly thereafter
transferred to a hospital because his right lung had collapsed.
Plaintiff states that Defendants' failure to treat his conditions
constituted deliberate indifference to his serious medical needs
in violation of the Eighth and Fourteenth Amendments.
The Supreme Court has recognized that "deliberate indifference
to serious medical needs of prisoners" may constitute cruel and
unusual punishment under the Eighth Amendment. Estelle v.
Gamble, 429 U.S. 97, 104 (1976); Farmer v. Brennan,
511 U.S. 825 (1994). This encompasses a broader range of conduct than
intentional denial of necessary medical treatment, but it stops
short of "negligen[ce] in diagnosing or treating a medical
condition." Estelle, 429 U.S. at 106. See also Jones v.
Simek, 193 F.3d 485, 489 (7th Cir. 1999); Steele v. Choi,
82 F.3d 175, 178 (7th Cir. 1996), cert. denied, 519 U.S. 897 (1996).
A prisoner raising an Eighth Amendment claim against
a prison official therefore must satisfy two
requirements. The first one is an objective standard:
"[T]he deprivation alleged must be, objectively,
`sufficiently serious.'" Farmer, 511 U.S. at ___,
114 S.Ct. at 1977. As the Court explained in
Farmer, "a prison official's act or omission must
result in the denial of the minimal civilized measure
of life's necessities." Id. The second requirement
is a subjective one: "[A] prison official must have a
`sufficiently culpable state of mind,'" one that the
Court has defined as "deliberate indifference." Id;
see Hudson v. McMillian, 503 U.S. 1, 5,
112 S.Ct. 995, 998, 117 L.Ed.2d 156 (1992) ("[T]he appropriate
inquiry when an inmate alleges that prison officials
failed to attend to serious medical needs is whether
the officials exhibited `deliberate indifference.'");
Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285,
291, 50 L.Ed.2d 251 (1976) ("[D]eliberate
indifference to serious medical needs of prisoners
constitutes the `unnecessary and wanton infliction of
[A]n Eighth Amendment claimant need not show that a
prison official acted or failed to act believing that
harm actually would befall an inmate; it is enough
that the official acted or failed to act despite his
knowledge of a substantial risk of serious harm. . . .
Whether a prison official had the requisite
knowledge of a substantial risk is a question of fact
subject to demonstration in the usual ways, including
inference from circumstantial evidence, . . . and a
factfinder may conclude that a prison official knew
of a substantial risk from the very fact that the
risk was obvious.
The Seventh Circuit's decisions following this standard for
deliberate indifference in the denial or delay of medical care
require evidence of a defendant's actual knowledge of, or
reckless disregard for, a substantial risk of harm. The Circuit
also recognizes that a defendant's inadvertent error, negligence
or even ordinary malpractice is insufficient to rise to the level
of an Eighth Amendment constitutional violation.
Neglect of a prisoner's health becomes a violation of the
Eighth Amendment only if the prison official named as defendant is deliberately
indifferent to the prisoner's health that is, only if he `knows
of and disregards an excessive risk to inmate health or safety.'
Williams v. O'Leary, 55 F.3d 320, 324 (7th Cir.), cert.
denied, 516 U.S. 993 (1995); see also Steele, 82 F.3d at 179
(concluding there was insufficient evidence of doctor's knowledge
of serious medical risk or of his deliberate indifference to that
risk; emphasizing that even malpractice is not enough proof under
Farmer); Miller v. Neathery, 52 F.3d 634, 638-39 (7th
Cir. 1995) (applying Farmer mandate in jury instruction).
However, a plaintiff inmate need not prove that a defendant
intended the harm that ultimately transpired or believed the harm
would occur. Haley v. Gross, 86 F.3d 630, 641 (7th Cir.
1996). Based on these standards, Plaintiff's claims cannot be
dismissed at this point in the litigation. See
The Clerk is DIRECTED to prepare Form 1A (Notice of Lawsuit
and Request for Waiver of Service of Summons) and Form 1B (Waiver
of Service of Summons) for Defendants POWERS, CALIPER, FORNEAR,
HAMILTON, WATKINS, WALTON, GEORGE, and SIMMONS. The Clerk shall
forward those forms, USM-285 forms submitted by Plaintiff, and
sufficient copies of the complaint to the United States Marshal
for service.
The United States Marshal is DIRECTED, pursuant to Rule
4(c)(2) of the Federal Rules of Civil Procedure, to serve process
on Defendants POWERS, CALIPER, FORNEAR, HAMILTON, WATKINS,
WALTON, GEORGE, and SIMMONS in the manner specified by Rule
4(d)(2) of the Federal Rules of Civil Procedure. Process in this
case shall consist of the complaint, applicable forms 1A and 1B,
and this Memorandum and Order. For purposes of computing the
passage of time under Rule 4(d)(2), the Court and all parties
will compute time as of the date it is mailed by the Marshal, as
noted on the USM-285 form. With respect to former employees of Illinois Department of
Corrections who no longer can be found at the work address
provided by Plaintiff, the Department of Corrections shall
furnish the Marshal with the Defendant's last-known address upon
issuance of a court order which states that the information shall
be used only for purposes of effectuating service (or for proof
of service, should a dispute arise) and any documentation of the
address shall be retained only by the Marshal. Address
information obtained from I.D.O.C. pursuant to this order shall
not be maintained in the court file, nor disclosed by the
The United States Marshal shall file returned waivers of
service as well as any requests for waivers of service that are
returned as undelivered as soon as they are received. If a waiver
of service is not returned by a defendant within THIRTY (30)
DAYS from the date of mailing the request for waiver, the United
States Marshal shall:
Request that the Clerk prepare a summons for that
defendant who has not yet returned a waiver of
service; the Clerk shall then prepare such summons as
Personally serve process and a copy of this Order
upon the defendant pursuant to Rule 4 of the Federal
Rules of Civil Procedure and 28 U.S.C. § 566(c).
Within ten days after personal service is effected,
the United States Marshal shall file the return of
service for the defendant, along with evidence of any
attempts to secure a waiver of service of process and
of the costs subsequently incurred in effecting
service on said defendant. Said costs shall be
enumerated on the USM-285 form and shall include the
costs incurred by the Marshal's office for
photocopying additional copies of the summons and
complaint and for preparing new USM-285 forms, if
required. Costs of service will be taxed against the
personally served defendant in accordance with the
provisions of Federal Rule of Civil Procedure 4(d)(2)
unless the defendant shows good cause for such
Defendants are ORDERED to timely file an appropriate
responsive pleading to the complaint, and shall not waive filing
a reply pursuant to 42 U.S.C. § 1997e(g).
Pursuant to Local Rule 72.1(a)(2), this cause is REFERRED to
a United States Magistrate Judge for further pre-trial
Further, this entire matter is hereby REFERRED to a United
States Magistrate Judge for disposition, as contemplated by Local
Rule 72.2(b)(2) and 28 U.S.C. § 636(c), should all the parties
consent to such a referral.
Plaintiff is under a continuing obligation to keep the Clerk
and each opposing party informed of any change in his
whereabouts. This shall be done in writing and not later than
seven (7) days after a transfer or other change in address
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Kate Middleton, the Duchess of Cambridge, has a $37,000 a year beauty regimen that includes Karin Herzog's oxygen-based skincare products. I am ever thankful for the Royal tip-off for the bee venom mask and so was hoping for another good lead. But they turned out to be little more than hot air (and paraffin).
Both of Kate's choices Vita-A-Kombi ($62) and Oxygen Face Cream ($44) are formulated with 2% oxygen. Karin Herzog is a family-run cosmetic company in Switzerland, brandishing the slogan "If it's not Karin Herzog, its not oxygen." They fiercely guard the secret to stabilizing oxygen in cream, a process invented by hubby, Dr Paul Herzog.
Stable or not, oxygen's cosmetic benefits are up in the air. Some even believe that oxygen facials are bad things as an excess of high-pressure oxygen applied to the skin's surface can theoretically generate high levels of free radicals and degrade oxidizable molecules. Oxygen in cream is much more benign, but it is unlikely that the gas would cross the stratum corneum (source).
Since you can't see oxygen, it is tempting to fear emperor's new clothes syndrome. Is it even in Vita-A-Kombi and Oxygen Face Cream? Well, there is hydrogen peroxide (H2O2), which is per Wikipedia "the simplest peroxide (a compound with an oxygen-oxygen single bond)." Living things turn H2O2 into oxygen. So there you have it. However, you might not want to slather hydrogen peroxide on your skin. Because it is a strong oxidizer, it is used as a bleaching agent for food and textiles and to oxygenate stains on teeth (it is in the whitener by Tanda that I recently tested). According to Cosmetics Info, it is an antimicrobial.
Both Vita-A-Kombi and Oxygen Face Cream have a base of water and paraffinum liquidum, otherwise known as paraffin or mineral oil. Mineral oil is an inexpensive petrochemical byproduct made from petroleum. Because of its ability to cut through grease and dirt, mineral oil is commonly used to remove makeup.
It is a very odd choice to use with oxygen since mineral oil forms an impenetrable film over skin that traps in toxins and hinders normal skin respiration. Mineral oil is eschewed by many modern formulators because is prevents in oxygen and release carbon dioxide in order to appear healthy, and mineral oil tends to interfere with the body's own natural moisturizing mechanism.
I have to say Karin Herzog's Vita-A Kombi and Oxygen Face Cream are amongst the most unconvincing that I have perused for a while. Kate must be placing a lot of faith in mineral oil and hydrogen peroxide since, part from retinol and vitamin B1 that's all there is. Emperor's clothes indeed.
See all our Five Best recommendations, including Five Best for sagging skin and Five Best with vitamin.C and Five Best eye creams.
Ingredients in Vita-A-Kombi: Aqua, Paraffinum Liquidum, Glycerin, Stearyl Alcohol, Polysorbate 20, Hydrogen Peroxide, Tocopheryl Acetate, Retinol, Parfum.
Oxygen Face Cream: Aqua, Paraffinum Liquidum, Glycerin, Stearyl Alcohol, Polysorbate 20, Hydrogen Peroxide, Thiamine Nitrate.
The products are actually very nice and work well. I found them to be very healing and didn't break me out. While they aren't my favorite products, they aren't fairly represented in this particular review.
I'm disappointed with this review as it seems to me that the writer doesn't really understand how the products work and instead has just commented on the ingredients list. I have researched this range thoroughly and have used it for many years with really great improvements in my skin. The oxygen penetration can be felt and seen on the skin and has been scientifically proven to penetrate very deeply. Personally I have found that my breakouts have stopped completely and my skin always looks fresh and clear and so well balanced. Perhaps it would be a better piece if you try the products for a while before passing judgment on their benefits.
I suppose one could use honey and get a similar effect. Why anyone need bee venom in a beauty product?
Ohh, thanks for the heads up! I formerly used Mario Bedescu products which I liked at the beginning. After a few months use my skin was a mess. I realized it was the mineral oil....which is present in some of their "oil free" products! It's an ingredient I definately avoid now. I guess you should send Kate some good samples!
This really is just sad. Paraffin and glycerin. At 30 her skin won't show the effects for a great while, but she's just clogging her pores- is my opinion. If she began now with (the oh-so-many) a good skincare line she, with her glorious bone structure, would keep her skin looking young well into her 60s or longer. I so wish an advisor of hers would find TIA or even care about such things for the Duchess. ~jk


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July 1, 2008
GAUDENCIO VIVAR REYES, PETITIONER,v.JOHN MARSHALL, WARDEN, RESPONDENT.
On June 29, 2007, Petitioner Gaudencio Vivar Reyes, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus [doc. no. 1] pursuant to 28 U.S.C. § 2254. Respondent filed an Answer [doc. no. 4] and a Notice of Lodgment [doc. no. 5] on September 7, 2007. On October 17, 2007, Petitioner filed a Reply [doc. no. 9].
Petitioner is currently serving a sentence of sixteen years to life with the possibility of parole pursuant to a plea agreement. (Pet. 1-2, 6; Lodgment 1, Abstract of J. 1, May 17, 1985.) Petitioner began serving his sentence on May 29, 1985. (Lodgment No. 2, Parole Consideration Hr'g Tr. 1, 21, Aug. 9, 2007.) Accordingly, he had served sixteen years by May 29, 2001.
In his Petition, Reyes challenges the decision of the Board of Parole Hearings on August 5, 2005, to deny him parole. (Pet. 6.) One of Petitioner's claims is that the government breached its obligations under his plea agreement by continuing to oppose parole after Petitioner served his minimum term of confinement. (Id. at 6-7.) He asserts that under the terms of the plea, the District Attorney should not have opposed parole after Reyes served sixteen years of his sentence. (Id. at 6.)
The August 5, 2005, parole hearing was not the first time that Petitioner was denied parole. (Pet. 6.) Reyes states that the 2005 denial was the sixth time he was denied parole, although the hearing transcript indicates that was his fifth parole hearing. (Id.; see Lodgment No. 2, Parole Consideration Hr'g Tr. 21.) Petitioner had last been denied parole at a hearing on or about March 25, 2003. (Lodgment No. 2, Parole Consideration Hr'g Tr. 21.) Reyes claims that the government's breach of his plea agreement "materialized after petitioner's fifth and before his sixth board appearance and is continuing." (Pet. 6.)
The Court has determined that additional records are necessary to the resolution of Reyes's Petition. The Court needs to determine when Petitioner's claim for breach of the plea agreement first arose for purposes of the statute of limitations contained in the Antiterrorism and Effective Death Penalty Act ("AEDPA"). See 28 U.S.C.A. § 2244(d)(1) (West Supp. 2007). Accordingly, the Court ORDERS Respondent to lodge the transcript from the parole hearing held on or about March 25, 2003. Respondent may also lodge any transcripts from prior parole hearings and additional documents that are relevant to resolving whether the statute of limitations has run on Petitioner's claim that his plea agreement was breached when he was denied parole after he served the minimum term of his sentence. The records shall be lodged with the Court no later than July 28, 2008. On or before July 28, 2008, Respondent shall also file a supplemental brief addressing the applicability of the statute of limitations to Petitioner's claims. Reyes may file a reply brief no later than August 29, 2008.
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Philadelphia Phillies (5-7) vs. San Diego Padres (3-10)
Vance Worley (0-1, 3.75) vs. Joe Wieland (0-1, 10.80)
Time: 10:05 PM, Petco Park
Weather: 70's, partly cloudy
Media: Twitter and Facebook
The Phillies are, shall we say, struggling right now. The good news is they will begin a four game set with the Padres tonight, who have just three wins in thirteen games.
Vance Worley gets the ball tonight, and his ability to fool batters could come in handy against San Diego's poor offense. He'll be new to the Padres' hitters, and that could either work for or against Worley. It seemed to work well for him last year, so I tend to think it's a good thing they haven't faced him yet.
Starting for the Padres will be Joe Wieland, and this is his first year in the bigs (which is probably why I've never heard of him). In his first career start, he gave up six runs in five innings, including three home runs. Just like Worley, Wieland's unfamiliarity with the Phillies hitters could either work for or against him. With the way the Phils offense has been doing lately, it will probably work for him.
Lineup: Pierre LF, Polanco 3B, Rollins SS, Pence RF, Victorino CF, Mayberry 1B, Ruiz C, Galvis 2B, Worley P
Your gameday beer: Pete's Brown Ale
Pete's Brown Ale is a beer from the Bear Republic Beer Co. in California. It's made with molasses and brown sugar, so it's bitter, slow and thick. Eat a steak with a sweet potato with this one.
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Bases loaded 1 out and no runs. Wow
Polly has to score from second.
Mayberry needs to be sent down. Should of broke it open.
Yay, a run. Seems like a rally compared to last night.
Now this pitcher will become doc. Hey Manuel go away. Worst manager
In baseball.
Hope that lone run holds up.
Amazing. Folks, I know I would be griping up a storm – leading off the inning with a triple and unable to plate this guy? How bad is that?
Tonight Mayberry dips below .200 with his average.
This guy Wieland is already over a 60 pitch count – Phils have to get to him now.
Please tell me why the likes of Nix gets playing time and Dom Brown does not. Time to tell Jimmy and Polly that they are not cutting it in the batting order. Why is Chooch relegated the back end of the batting order? Time to turn the lineup upside down and give the younger talent a chance as the old nags are not cutting it, Cholly.
1) Galvis 2B 2) Vic CF 3) Ruiz C 4) D. Brown LF 5) Pence RF 6) Rollins SS 7) JMJ 1B 8) Polly 3B
Vanimal, strike out specialist!
The Brown experiment has not worked and probably will not work.
Are we grasping?
no we are gasping, can you think outside the box for a moment or are Cholly brother-in-law?
I too had a lot of hope in Brown and watched last year and the year before as he did nothing and more of nothing – and played terribly in the field.
Yes, grasping. If you want to go outside the box, try harder
At the age of 23 he already hit as well as the average MLB left-fielder last year, with excellent plate discipline for a player his age. At the same age, Utley was in his first year of AAA, Pence was in AA, and Howard was A+.
He needs to learn LF, and by all indications he's doing OK.
Brown will be fine.
I got as frustrated with Brown's fielding as anyone last year. Offensively he was doing OK. If we could put up with Raul's very limited range in LF then and stick Nix out there sometimes this year, why is such a premium's placed on Brown's defense when he could provide the offensive spark that's lacking. FO just plain making boneheaded decisions.
I take it back Vance… you are a walking machine
Man on third any bets he does not score.
A guy with a Yankees jacket came to my work today.
I said go phillies. He laughed and said ur team is not relivant.
Offensively he was right. Best bet 3rd in East.
Key, clutch rbi here Jimmy
The gap rollins is done. Another horrible contract. Never
Should of signed him.
Would of never signed paps
Very fair contract, and Rollins will earn it. Really not much question about that.
Brooks — Brown is still young.
At the age of 23 he already hit as well as the average MLB left-fielder last year, with excellent plate discipline for a player his age. At the same age, Utley was in his first year of AAA, Pence was in AA, and Howard was A+.
He needs to learn LF, and by all indications he's doing OK.
He should be a good, cheap, mainstay in the outfield through at least 2016 and maybe 2017 depending on how much ML service time he gets this year.
(reply fail)
Mayberry is lost at the plate. Send him down.
There goes Junior, below the Mendoza line…
Any particular reason Ruiz is catching Worley tonight?
Bring Dom up. It can't hurt
Brooks — Brown is still young.
At the age of 23 he already hit as well as the average MLB left-fielder last year, with excellent plate discipline for a player his age. At the same age, Utley was in his first year of AAA, Pence was in AA, and Howard was A+.
He needs to learn LF, and by all indications he's doing OK.
I think he will be a good, cheap, mainstay in the outfield through at least 2016 and maybe 2017 depending on how much ML service time he gets this year.
That's not what the scouts have been saying.
What's not what the scouts have been saying?
I saw where they're saying he's still the best talent in the Phillies organization.
god we are awful. the braves are killing teams and scoring insane and we just slow and tired. call it early if you want but unless we do something MAJOR…no way we touching the braves this year.
Good job gap. Swing at the first pitch.
This is the worst offense next to the padres. Lol.
Baseball is over
all we can muster up is one lousy run to a weak padres team. we're a mess right now.
So , what do ya think of Rollins with one out and a runner on third. He works the count to 3 balls and no strikes, then strikes out, leaving the runner stranded. THAT IS NOT WHAT A #3 HITTER IS SUPPOSED TO DO. That run would have looked gigantic in this game. It is a good thing Rollins can field. Dumb hitter.
Dumb hitter, or just not that good? How many teams ask their shortstop to hit in the middle of the order? Colorado. Anyone else?
we just a old team. simple as that.
First and third, nobody out… put Thome at the bat Cholly.
This my friends, is an offensive juggernaut at work!
2 and 3rd. Jr will k.
No runs. Lol. Watch
OK Junior – no strike out, no pop up.. just hit a ball into the outfield
Way to go Johnny – let me ask Cholly did he forget that Thome is able to bat tonight?
Lucky run. Jr s u c k a sooooo bad. After this game send his a s s down
Muther FFFFFFFF******************************
And there you have it – a gift from the lowly Padres –
If we did not get the wild pitch we don't score.
They s u c k. This offense is pathetic. Give our pitching staff tithe
And in comes the 50 million dollar reliever to close this one out
Nice win gentlemen — another step to the division title.
It's been very … entertaining.
Good win for the Phils. It's good to see Polanco back at 3rd. He certainly protected Worley making a few tough plays on ground balls. Hate to think what might happen if "stone hands" Wiggington was playing there and trying to get a handle on the same grounders. 🙂
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Prepare for two of the brightest days of your life with the spectacular Love Honor Cherish 14K White Gold 2 CTW Diamond Bridal Set. First ask her with a classic five stone ring celebrating your love. Then, when the big day comes, add the coordinating wedding band that brings the total diamond weight to a breathtaking 2 CTW.
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15 Withnell Street Northam WA 6401
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A Peaceful Patio - You Need To Get Inside This Home15 Withnell Street, Northam
Your home is fibro and iron with a welcoming porch and entry hall, three good sized bedrooms and a sleep-out, lounge area, a combined kitchen and dining with your bathroom, laundry and separate toilet to the rear of the home.
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Located in a quiet street with only neighbours on either side as you have an area of public open space across the road, which is a great place to go for your early morning or evening stroll.
This property is well worth inspecting, we look forward to your inquiry.
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Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
1 Posts sale_multi_shop by activity date
v6.1 warehouse sale_multi_shop By• 6/8/16, 10:56 AM • 3,942 Views • 4 Answers
About This Community
This community is for professionals and enthusiasts of our products and services. Read Guidelines