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January 26, 2011
ADRIAN S. HOLMES,PLAINTIFFv.WARDEN BLEDSOE, ET AL., DEFENDANTS
On May 14, 2010, Plaintiff Adrian S. Holmes ("Holmes"), an inmate presently confined at the United States Penitentiary in Lewisburg, Pennsylvania ("USP Lewisburg"), commenced the above action pro se by filing a Bivens*fn1 -styled complaint against six (6) Defendants.*fn2 (Doc. 1.)
Holmes alleges that Defendants used excessive force and failed to provide adequate medical care in violation of the Eighth Amendment, and retaliated against him in violation of the First Amendment. Specifically, he alleges that, on March 1,2010, he sustained an eye injury after the use of force team attacked him in his cell, and that he was denied medical care for his injury. (Doc. 1 at 2 § IV. ¶ 1.) He further alleges that, after this incident, he was thrown back into his cell in restraints, and that an inmate worker was sent to attack him. (Id.) He claims that officers at USP Lewisburg "have been setting people up to get hurt" by "forcing them into cells with people that works [sic] for them." (Id. ¶ 2.) In addition, he alleges that the Warden is "the boss over everyone," the Captain "signs before the (force team) arrive," and Defendant SIA Perrin "is the one helping to try to run this." (Id. ¶ 3.) Finally, Holmes alleges that his life is in danger, and that "they are retaliating against me." (Id. at 3 § V. ¶ 3.)
Presently before the court is Defendants' motion to dismiss, or in the alternative, motion for summary judgment, (Doc. 14), and Holmes' "Motion to Supplement"*fn3 his complaint, (Doc. 26). For the reasons set forth below, summary judgment will be granted in favor of Defendants, and Holmes' request to supplement his complaint will be denied.
I. Background
Holmes filed his complaint on May 14, 2010. (Doc. 1.) By order dated May 24, 2010, service of the complaint on Defendants was directed. (Doc. 6.) On August 3, 2010, Defendants filed their motion to dismiss, or in the alternative, motion for summary judgment, (Doc. 14). After obtaining leave to file a brief in excess of the fifteen (15) page limit, on August 17, 2010, Defendants filed a statement of facts, (Doc. 18), supporting exhibits, (Doc. 18-2), and a supporting brief, (Doc. 19), in which they argue, inter alia, that they are entitled to judgment as a matter of law because the undisputed record establishes that Holmes failed to properly exhaust his administrative remedies before bringing his claims.
One (1) day after Defendants filed their supporting materials, on August 18, 2010, Holmes filed a document entitled "Respond Motion to Defendants' Motion to Dismiss, or in the Alternative, Motion for Summary Judgment." (Doc. 20.) This document was docketed as Holmes' brief in opposition to Defendants' motion to dismiss, or in the alternative, motion for summary judgment. It was apparent that Holmes had prepared this document, dated August 10, 2010, before he was served with Defendants' supporting materials on August 17, 2010. Therefore, by order dated August 30, 2010, the Honorable James F. McClure, Jr., to whom this case was then assigned, afforded Holmes the opportunity to file a supplementary brief responding to the arguments raised in Defendants' brief within fourteen (14) days. (See Doc. 21.)
The August 30 order also noted that Holmes had not filed a statement of material facts responding to Defendants' statement as required by Middle District of Pennsylvania Local Rule ("LR") 56.1, and therefore directed Holmes to file his required statement within fourteen (14) days. (See id.) The order advised Holmes that the requirements of LR 56.1 were set forth in the standing practice order issued in this case on May 14, 2010, (Doc. 4), that a copy of the rule was attached to that order, and warned him that his failure to file his statement as specified within LR 56.1 within the required time would result in the material facts set forth in Defendants' statement being deemed admitted. (See id.) Although the deadline to file his supplementary brief and statement of material facts has long passed, Holmes has not filed either document. Therefore, Defendants' motion is fully briefed and ripe for review.
On December 22, 2010, following Judge McClure's death, this case was verbally reassigned to the undersigned.*fn4 Thereafter, on January 13, 2011, Holmes filed a "Motion to Supplement" his complaint. We will consider Defendants' motion for summary judgment before turning to a discussion of Holmes' recently filed motion.
II. Defendants' Motion for Summary Judgment
A. Undisputed Facts
In support of their motion for summary judgment, Defendants filed a statement of material facts in accordance with LR 56.1. (Doc. 18.) Although the August 30, 2010 order specifically directed Holmes to file his statement of material facts responding to Defendants' statement, and warned him of the consequences if he failed to do so, Holmes has not filed his opposing statement of material facts. Accordingly, all material facts set forth in Defendants' statement are deemed admitted. See LR 56.1.*fn5 Defendants' statement, (Doc. 18), and supporting materials, (Doc. 18-2)*fn6 , establish the following undisputed facts material to Defendants' motion:
1. Facts Regarding Incident
On March 1, 2010, a staff lieutenant informed Defendant Trate of Holmes' and his cell mate's disruptive behavior and threats toward staff. (Doc. 18 ¶ 3 (citing3/1/10 Incident Report, Doc. 18-2 at 25-28).) Defendant Trate requested permission from Defendant Bledsoe to assemble a use of force team to regain control of Holmes and his cell mate. (Doc. 18 ¶ 4.) Defendant Bledsoe authorized the assembly and use of force. (Id. ¶ 5.)
Holmes and his cell mate initially were responsive to the confrontation avoidance procedures and submitted to restraints. (Id. ¶ 6.) However, when removed from the cell, Holmes resisted and had to be placed against the wall for staff to regain control of him. (Id. ¶ 7.)
Holmes was medically assessed at the end of the incident and was found to have suffered a small abrasion to his upper right eye brow. (Id. ¶ 8 (citing 3/1/10 Health Services Clinical Encounter, Doc. 18-2 at 30-31).) Medical services reported that the abrasion had ceased bleeding by the time of the assessment and that no further treatment was required. (Doc. 18 ¶ 9 (citing Doc. 18-2 at 30-31).)
2. Facts Regarding Exhaustion
The BOP has a three (3) level administrative remedy process, which is a method where an inmate may seek formal review of a complaint related to any aspect of his confinement if less formal procedures have not resolved the problem. (Romano Decl., Doc. 18-2 at 3-4 ¶ 2).) The procedure is set forth at 28 C.F.R. § 542.10 et seq. (Id.)
To properly exhaust under this procedure, an inmate must file administrative remedies with the Warden, Regional Director, and General Counsel. (Id.) The inmate is required to first address his complaint by filing a BP-9 request to the Warden within twenty (20) calendar days following the date on which the events that form the basis for the complaint occurred. (Doc. 18 ¶ 12; Doc. 18-2 at 4 ¶ 2 (citing 28 C.F.R. § 542.14).)
If the inmate is dissatisfied with the Warden's response, he may appeal by filing a BP-10 request to the Regional Director within twenty (20) calendar days of the date that the Warden signed the response. (Doc. 18 ¶ 14; Doc. 18-2 at 4 ¶ 2 (citing 28 C.F.R. § 542.15).)
If the inmate is dissatisfied with the Regional Director's response, the inmate may pursue the final level of appeal by filing a BP-11 request to the General Counsel within thirty (30) days of the date that the Regional Director signed the response. (Doc. 18 ¶ 15; Doc. 18-2 at 4 ¶ 2 (citing 28 C.F.R. § 542.15).) Once an inmate receives a response to his appeal from the General Counsel, his administrative remedies have been exhausted as to the specific issues he has raised. (Doc. 18-2 at 4 ¶ 2.)
Attorney Romano has declared under penalty of perjury as follows: Holmes has filed twenty-three (23) administrative remedies during his time in BOP custody. (Id. at 5 ¶ 5; Administrative Remedy Data, Doc. 18-2 at 12-24.) Holmes completed the administrative remedy process only one (1) time on an issue which was unrelated to the issue raised in the complaint filed in this action. (Id.) The only remedy Holmes filed that could possibly be associated with the issues raised in his complaint was filed on May 11, 2010, at administrative Remedy Number 592904-A1. (Doc. 18 ¶ 19; Doc. 18-2 at 5 ¶ 5; Doc. 18-2 at 23 Abstract of Admin. Rem. No. 592904-A1.) In that remedy, Holmes alleged that staff abused their authority and were trying to kill him and that he had been assaulted. (Doc. 18-2 at 23.) BOP records show that Holmes filed this administrative remedy for the first time with the BOP Central Office. (Id.; Romano Decl., Doc. 18-2 at 5 ¶ 5.) Consequently, the remedy was rejected for filing at the wrong level. (Id.) Holmes' complaint in the instant action is dated April 28, 2010, and was filed on May 14, 2010. (Doc. 1.)
B. Standards of Review
1. Motion to Dismiss
Defendants seek dismissal of Holmes' complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). In the alternative, Defendants seek summary judgment and have submitted evidentiary documents outside the pleadings in support of their motion. Federal Rule of Civil Procedure 12(d) provides:
(d) Result of Presenting Matters Outside the Pleadings. If, on a motion under Rule 12(b)(6) or 12(c), matters outside the pleadings are presented to and not excluded by the court, the motion must be treated as one for summary judgment under Rule 56. All parties must be given a reasonable opportunity to present all the material that is pertinent to the motion.
Fed. R. Civ. P. 12(d). In light of the fact that Defendants submitted matters outside the pleadings with the instant motion and styled it as seeking dismissal, or in the alternative, summary judgment, this court's August 30, 2010 order specifically directed Holmes to file his opposition in accordance with LR 56.1, including by filing a statement of material facts as required by LR 56.1. (See Doc. 21.) Thus, Holmes was given notice of the fact that Defendants are seeking summary judgment as an alternative to dismissal of his complaint, and he was provided with a reasonable opportunity to present material relevant to the motion, yet he chose not to do so. Therefore, the court will not exclude the evidentiary materials accompanying Defendants' motion and it will be treated solely as one seeking summary judgment.
2. Motion for Summary Judgment
Summary judgment is proper when "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(c)*fn7 ; accord Saldana v. Kmart Corp., 260 F.3d 228, 231-32 (3d Cir.2001). A factual dispute is "material" if it might affect the outcome of the suit under the applicable law. Anderson v. Liberty Lobby, Inc. ., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). A factual dispute is "genuine" only if there is a sufficient evidentiary basis that would allow a reasonable fact-finder to return a verdict for the nonmoving party. Id. at 248. The court must resolve all doubts as to the existence of a genuine issue of material fact in favor of the non-moving party. Saldana, 260 F.3d at 232; see also Reeder v. Sybron Transition Corp., 142 F.R.D. 607, 609 (M.D. Pa. 1992).
The moving party bears the initial burden of demonstrating the absence of a disputed issue of material fact. See Celotex Corp. v. Catrett, 477 U.S. 317, 324, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). Upon such a showing, the burden then shifts to the non-moving party to present "specific facts showing the existence of a genuine issue for trial." Fed.R.Civ.P. 56(e). The nonmoving party may not simply sit back and rest on the allegations in its complaint; instead, it must "go beyond the pleadings and by [its] own affidavits, or by the depositions, answers to interrogatories, and admissions on file, designate specific facts showing that there is a genuine issue for trial." Celotex Corp., 477 U.S. at 324 (internal quotations omitted); see also Saldana, 260 F.3d at 232 (citations omitted). Summary judgment should be granted where a party "fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden at trial." Celotex, 477 U.S. at 322-23. "'Such affirmative evidence-regardless of whether it is direct or circumstantial-must amount to more than a scintilla, but may amount to less (in the evaluation of the court) than a preponderance.'" Saldana, 260 F.3d at 232 (quoting Williams v. Borough of West Chester, 891 F.2d 458, 460-61 (3d Cir.1989)).
C. Discussion
The Prison Litigation Reform Act ("PLRA") requires inmates to present their claims through an administrative grievance process before filing suit in federal court. Specifically, section 1997e(a) of Title 42 of the United States Code provides that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." This "exhaustion requirement applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong." Porter v. Nussle, 534 U.S. 516, 532 (2002).
"'[I]t is beyond the power of this court- or any other- to excuse compliance with the exhaustion requirement, whether on the ground of futility, inadequacy or any other basis.'" Nyhuis v. Reno, 204 F.3d 65, 73 (3d Cir. 2000) (quoting Beeson v. Fishkill Corr. Facility, 28 F. Supp. 2d 884, 894-95 (S.D.N.Y. 1998) (citing Weinberger v. Salfi, 422 U.S. 749, 766 (1975)). The PLRA "completely precludes a futility exception to its mandatory exhaustion requirement." Nyhuis, 204 F.3d at 71.
The PLRA also mandates that inmates "properly" exhaust administrative remedies before filing suit in federal court.*fn8 Woodford v. Ngo, 548 U.S. 81, 92 (2006). Dismissal of an inmate's claim is appropriate when a prisoner has failed to exhaust his available administrative remedies before bringing a civil rights action. Ahmed v. Sromovski, 103 F. Supp. 2d 838, 843 (E.D. Pa. 2000). "[E]xhaustion must occur prior to filing suit, not while the suit is pending." Tribe v. Harvey, 248 F.3d 1152 (6th Cir. 2000) (citing Freeman v. Francis, 196 F.3d 641, 645 (6th Cir. 1999)).
"Proper exhaustion demands compliance with an agency's deadlines and other critical procedural rules because no adjudicative system can function effectively without imposing some orderly structure on the course of its proceedings." Id. at 90-91. Such requirements "eliminate unwarranted federal-court interference with the administration of prisons, and thus seek[ ] to 'affor[d] corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.'" Id. at 93 (quoting Porter, 534 U.S. at 525)). Failure to comply with procedural requirements of the applicable prison's grievance system will result in a procedural default of the claim. Spruill v. Gillis, 372 F.3d 218, 227-32 (3d Cir. 2004) ("[P]rison grievance procedures supply the yardstick for measuring procedural default.") A procedural default, "either through late or improper filings, bars the prisoner from bringing a claim in federal court unless equitable considerations warrant review of the claim." Gallego v. United States, Civil No. 1:02-CV-1157, 2005 WL 1653166, at *2 (M.D. Pa. July 8, 2005).
In this case, the undisputed factual record establishes that, for an inmate in BOP custody to properly exhaust a claim, he must pursue his issues through all three (3) of the required levels of the BOP's Administrative Remedy Program, namely by filing a BP-9 with the Warden, a BP-10 with the Regional Director, and finally, a BP-11 with General Counsel for the BOP. (See Romano Decl., Doc. 18-2 at 4 ¶ 2 (citing 28 C.F.R. §§ 542.14, 542.15).) Holmes admits in his complaint that the grievance process was not completed at the time he initiated this lawsuit. (See Doc. 1 at 1 § II. ¶¶ B, C.)
Although he alleges in his complaint (see id.), and in his brief in opposition to Defendants' motion (see Doc. 20 at 2), that he did not complete the grievance process because he did not receive responses to grievances he claims he submitted at each level, Defendants have submitted evidence in support of their request for summary judgment demonstrating that Holmes did not properly initiate the exhaustion process with respect to his claims. Specifically, the BOP records submitted by Defendants reveal that Holmes filed only one (1) administrative remedy that could possibly relate to the claims he raises in this action. (Doc. 18 ¶ 19; Doc. 18-2 at 5 ¶ 5; Doc. 18-2 at 23 Abstract of Admin. Rem. No. 592904-A1.) Further, the BOP records show that Holmes did not follow the required procedure to grieve his issues. Instead, he began the process by filing his remedy on May 11, 2010, which was after he prepared the complaint in this action on April 28, 2010 (see Doc. 1 at 3), and just several days before the complaint was filed on May 14, 2010.
In addition, the undisputed record establishes that Holmes filed his initial remedy not with the Warden, as required by the BOP's Administrative Remedy Procedure, but with the BOP Central Office. (See Doc. 18 ¶¶ 21-22; Doc 18-2 at 5 ¶ 5; Doc. 18-2 at 23.) Consequently, the remedy was rejected for being filed at the wrong level. (See id.) Holmes has failed to submit any evidence to show that there is a genuine issue of material fact as to his failure to follow the required procedure to fully exhaust his administrative remedies. Therefore, Defendants are entitled to judgment as a matter of law.
III. Holmes' Motion to Supplement Complaint
On January 13, 2011, long after Defendants' motion became ripe for disposition, Holmes submitted a "Motion to Supplement Complaint." (Doc. 26.) In his motion, Holmes provides details of an incident that allegedly occurred on May 30, 2010, after this action was initiated, and attempts to show that he has exhausted his administrative remedies with respect to his claims arising out of this incident by attaching various correspondence, affidavits, and copies of administrative remedies with dates ranging from June 2010 through October 2010. (Id. at 5-29.)
At the outset of his motion, Holmes states that he "has been exhausting his administrative remedies," but officials either are failing to answer his remedies or are stating that his remedies are untimely in an effort to engage in a "cover up." (Id. at 1.) Holmes then provides details about an incident that allegedly occurred on May 30, 2010, in which he claims he was attacked by members of the USP Lewisburg staff who are not Defendants in this action. (Id. at 1-2.) Although the allegations by Holmes that follow are not completely coherent, the gist of his complaint appears to be that a report was prepared documenting the May 30 incident, and that staff now claim that the incident report has been lost. (Id. at 3.)
In deciding whether to grant a motion to supplement a complaint, courts utilize the same standards as when evaluating a motion to amend a complaint. See Hassoun v. Cimmino, 126 F. Supp. 2d 353, 360 (D.N.J. 2000). The decision to grant a motion to amend falls within the sound discretion of the court. Foman v. Davis, 371 U.S. 178, 182 (1962). Leave may be denied where "(1) the moving party has demonstrated undue delay, bad faith or dilatory motives, (2) the amendment would be futile, or (3) the amendment would prejudice the other party." Fraser v. Nationwide Mut. Ins. Co., 352 F.3d 107, 116 (3d Cir. 2003). It is also well established that a supplemental pleading cannot be used for the purpose of trying a new matter or a new cause of action. See Brown v. Lindsay, Civil No. 4:CV-07-1299, 2008 WL 3874308, at *2 (M.D.Pa. Aug. 14, 2008) (McClure, J.).
In the case at hand, we find that, notwithstanding the fact that the matters alleged by Holmes in his motion stem from events unrelated to the events set forth in the complaint, and involve different parties, where it is apparent from the record before the court that Holmes has not properly exhausted his administrative remedies with respect to his claims in the instant action, allowing him to supplement his complaint with new claims stemming from events that occurred subsequent to his having filed this action would be futile. Therefore, we will deny his motion to supplement without prejudice to any right Holmes may have to file a separate civil rights action raising the claims he refers to in his motion.*fn9
IV. Conclusion
Because there is no genuine issue of material fact as to Holmes' failure to properly exhaust his administrative remedies as to his claims set forth in his complaint before filing this action, Defendants are entitled to judgment as a matter of law. Further, allowing Holmes to supplement his complaint with new, unrelated claims would be futile, and therefore, Holmes' "Motion to Supplement" will be denied. An appropriate order will issue.
Sylvia H. Rambo United States District Judge
ADRIAN S. HOLMES, Holmes : v. : WARDEN BLEDSOE, et al., Defendants
Judge Rambo
In accordance with the foregoing memorandum, IT IS HEREBY ORDERED THAT:
1) The motion for summary judgment (Doc. 14) filed on behalf of Defendants is GRANTED.
2) The Clerk of Court is directed to ENTER judgment in favor of Defendants and against Holmes.
3) Plaintiff's "Motion to Supplement" (Doc. 26) is DENIED without prejudice.
4) The Clerk of Court is directed to CLOSE this case.
Dated: January 26, 2011.
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BROOKLINE, MASS. (Updated Nov. 15, 10:40 a.m. ET) — Brookline has become the 85th community in the United States — and the 47th this year — to ban single-use plastic bags. The town of roughly 60,000 just west of Boston now has bans on both plastic bags as well as all polystyrene-based food and beverage containers.
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14:04 Apr. 24, 2016
Strategic bomber TU-22M Backfire. (Getty Images)
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September 19, 2012
ELIJAH BARKSDALE, PLAINTIFF,v.R.T. FRENYA, CORRECTION OFFICER, CLINTON CORRECTIONAL FACILITY; CURTIS DROWN, CORRECTION HEARING OFFICER, CLINTON CORRECTIONAL FACILITY, DALE ARTUS, SUPERINTENDENT, CLINTON CORRECTIONAL FACILITY, AND BRIAN FISHER, COMMISSIONER OF NYS DEPARTMENT OF CORRECTIONAL SERVICES , DEFENDANTS.
In this pro se action under 42 U.S.C. § 1983, plaintiff, an inmate in the custody of the New York State Department of Correctional and Community Supervision ("DOCCS"), claims that defendants violated his Eighth and Fourteenth Amendment rights. Defendants' moved for summary judgment pursuant to Fed. R. Civ. P. 56. (Dkt. No. 44). Plaintiff did not oppose the motion. The motion was referred to United States Magistrate Judge David E. Peebles for a Report-Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 72.3( c ). Magistrate Judge Peebles issued a Report and Recommendation (Dkt. No. 47) recommending that the motion be granted in part and denied in part.*fn1
Defendants filed specific objections to the Report-Recommendation. (Dkt. No. 49). In view of the objections and pursuant to 28 U.S.C. § 636(b)(1), this Court conducts a de novo review of these issues. The Court reviews the remaining portions of the Report and Recommendation for clear error or manifest injustice. See Brown v. Peters, 1997 WL 599355, at *2-3 (N.D.N.Y.) aff'd without op., 175 F.3d 1007 (2d Cir. 1999). After the appropriate review, "the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1).
I. Factual Background
As the parties do not object to Magistrate Judge Pebbles' thorough recitation of the facts, the Court adopts the "Background" and "Procedural History" as set forth therein.
II. Report and Recommendation
On December 2, 2011, defendants moved for summary judgment arguing: (1) that defendant Fisher lacked personal involvement; (2) plaintiff failed to exhaust his administrative remedies; and (3) plaintiff did not possess a protected liberty interest in remaining free from the challenged confinement.
On August 17, 2012, Magistrate Judge Peebles recommended that the Court grant in part and deny in part defendants' motion for summary judgment. Magistrate Judge Peebles recommended that defendants' motion be granted as to all claims against defendant Fisher based upon his lack of involvement in the relevant conduct. Magistrate Judge Peebles also concluded that plaintiff failed to exhaust available administrative remedies with respect to his failure to protect claim against Frenya. Magistrate Judge Peebles recommended denying defendants' motion for summary judgment and dismissal of plaintiff's procedural due process claims against defendants Drown and Artus. Magistrate Judge Peebles reasoned that defendants failed to sustain their burden of demonstrating the lack of genuine issues of fact surrounding whether plaintiff was deprived of a cognizable liberty interest by virtue of his 120-day SHU confinement.
III. Objections
Defendants Drown and Artus object to the portion of the Report-Recommendation that denied their motion for summary judgment and dismissal of plaintiff's procedural due process claims against them. Defendants argue that plaintiff failed to allege or demonstrate any genuine issue of material fact as to whether he suffered from an atypical and significant hardship.
I. Standard on Motion for Summary Judgment
A court may grant a motion for summary judgment only if it determines that there is no genuine issue of material fact to be tried and that the facts as to which there is no such issue warrant judgment for the movant as a matter of law. See Chambers v. TRM Copy Ctrs. Corp., 43 F.3d 29, 36 (2d Cir. 1994) (citations omitted). When analyzing a summary judgment motion, the court "'cannot try issues of fact; it can only determine whether there are issues to be tried.'" Id. at 36-37 (quotation and other citation omitted). Moreover, it is well-settled that a party opposing a motion for summary judgment may not simply rely on the assertions in its pleadings. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986) (quoting Fed. R. Civ. P. 56(c), (e)).
In assessing the record to determine whether any such issues of material fact exist, the court is required to resolve all ambiguities and draw all reasonable inferences in favor of the nonmoving party. See Chambers, 43 F.3d at 36 (citing Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 255 (1986)) (other citations omitted). Where the non-movant either does not respond to the motion or fails to dispute the movant's statement of material facts, the court may not rely solely on the moving party's Rule 56.1 statement; rather, the court must be satisfied that the citations to evidence in the record support the movant's assertions. See Giannullo v. City of N.Y., 322 F.3d 139, 143 n.5 (2d Cir. 2003) (holding that not verifying in the record the assertions in the motion for summary judgment "would derogate the truth-finding functions of the judicial process by substituting convenience for facts").
In reviewing a pro se case, the court "must view the submissions by a more lenient standard than that accorded to 'formal pleadings drafted by lawyers.'" Govan v. Campbell, 289 F. Supp.2d 289, 295 (N.D.N.Y. 2007) (quoting Haines v. Kerner, 404 U.S. 519, 520 (1972)) (other citations omitted). The Second Circuit has opined that the court is obligated to "make reasonable allowances to protect pro se litigants" from inadvertently forfeiting legal rights merely because they lack a legal education. Govan, 289 F. Supp.2d at 295 (quoting Traguth v. Zuck, 710 F.2d 90, 95 (2d Cir. 1983)).
II. Due Process
The Fourteenth Amendment to the Constitution provides that "[n]o State shall . . . deprive any person of life, liberty, or property, without due process of law." U.S. Const. amend. XIV, § 1. "Although prison inmates necessarily have their liberty severely curtailed while incarcerated, they are nevertheless entitled to certain procedural protections when disciplinary actions subject them to further liberty deprivations such as loss of good-time credit or special confinement that imposes an atypical hardship." Sira v. Morton, 380 F.3d 57, 69 (2d Cir. 2004) (citations omitted).
As a threshold matter, an inmate asserting a violation of his right to due process must first establish that he had a protected liberty interest in remaining free from the confinement that he challenges and, if so, that the defendant deprived the plaintiff of that liberty interest without due process. See Giano v. Selsky, 238 F.3d 223, 225 (2d Cir. 2001); Bedoya v. Coughlin, 91 F.3d 349, 351 (2d Cir. 1996). To establish a protected liberty interest, a prisoner must satisfy the standard set forth in Sandin v. Conner, 515 U.S. 472, 483-84 (1995). In Sandin v. Conner, the Supreme Court held that although states may still create liberty interests protected by due process, "these interests will be generally limited to freedom from restraint which, while not exceeding the sentence in such an unexpected manner as to give rise to protection by the Due Process Clause of its own force . . . , nonetheless imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Id. Thus, to show that a liberty interest is sufficient to invoke the protections of the Due Process Clause, a prisoner must establish both that his resulting confinement or restraint creates an "atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life" and that the state has enacted a regulation or statute which grants inmates a protected liberty interest in remaining free from that confinement or restraint. Id. at 484; see also Frazier v. Coughlin, 81 F.3d 313, 317 (2d Cir. 1996). When determining whether a plaintiff possesses a liberty interest, district courts must examine the specific circumstances of confinement, including analysis of both the length and conditions of confinement. See Sealey v. Giltner, 197 F.3d 578, 586 (2d Cir. 1999); Arce v. Walker, 139 F.3d 329, 335--36 (2d Cir. 1998).
"Factors relevant to determining whether the plaintiff endured an 'atypical and significant hardship' include 'the extent to which the conditions of the disciplinary segregation differ from other routine prison conditions' and 'the duration of the disciplinary segregation imposed compared to discretionary confinement.' " Davis v. Barrett, 576 F.3d 129, 133 (2d Cir. 2009) (citations omitted). In making such a determination, courts are required to examine the actual circumstances of confinement. Id.
In Palmer v. Richards, 364 F.3d 60 (2d Cir. 2004), the Second Circuit held:
[O]ur cases establish the following guidelines for use by district courts in determining whether a prisoner's liberty interest was infringed. Where the plaintiff was confined for an intermediate duration-between 101 and 305 days-"development of a detailed record" of the conditions of the confinement relative to ordinary prison conditions is required. In those situations, a district court must "make a fact-intensive inquiry," examining "the actual circumstances of SHU confinement" in the case before it without relying on its familiarity with SHU conditions in previous cases. Disputes about conditions may not be resolved on summary judgment, but where the conditions are undisputed, the Sandin issue should be resolved by the court as a matter of law.
Palmer, 364 F.3d at 65 (internal citations omitted).
In cases involving confinement between 101 and 305 days, courts are required to develop a detailed factual record regarding the confinements in the SHU which may include "evidence of the psychological effects of prolonged confinement in isolation and the precise frequency of SHU confinements of varying durations." Colon v. Howard, 215 F.3d 227, 232 (2d Cir. 2000). In the absence of a detailed record, courts have affirmed dismissal of due process claims only in cases where the period of time spend in the SHU was exceedingly short and there was no indication that the plaintiff endured unusual SHU conditions. Palmer, 364 F.3d at 66.
In this matter, plaintiff testified during his deposition as follows:
Q. As a result of this TIER hearing, how long were you confined in SHU?
A. For four and a half months. For four months on that incident.
Q. Okay. Now, your complain says you were there for 120 days. Does that sound about right?
A. Yes [. . . ].
Q. Do you know how long you served in SHU just as a result of this incident?
A. I think I did five months and change maybe.
See Pl. Dep. at p. 19.
Indisputably, plaintiff was confined to the SHU for 120 days in the SHU, thus placing him within the guideline governing intermediate durations of confinement. However, during his deposition, counsel did not pose any questions or elicit any answers from plaintiff involving the conditions of his confinement in SHU. Moreover, while defendants presented affidavits in support of their motion for summary judgment, the affidavits are devoid of any reference to plaintiff's actual conditions of confinement in the SHU. There is no detailed record or evidence regarding the conditions of confinement in the SHU and how those conditions compared to "the ordinary incidents of prison life".
On a motion for summary judgment, defendants bear the burden of proof. "Only when the conditions are uncontested may a district court resolve the issue of atypicality of confinement as a matter of law." Palmer, 364 F.3d at 65. Consequently, viewing the evidence in a light most favorable to the non-movant, as the Court must due, defendants' motion for summary judgment and dismissal of plaintiff's due process claim is denied. See Green v. Herbert, 677 F.Supp.2d 633, 636 -637 (W.D.N.Y. 2010). The Court has reviewed the cases cited by defense counsel which allegedly support defendants' arguments. However, the Court finds these cases unpersuasive as they pre-date the Second Circuit's ruling in Palmer.
Upon de novo review of the remainder of Magistrate Judge Peebles' findings, the Court accepts and adopts the Report-Recommendation.
It is therefore ORDERED that:
1. The Report-Recommendation (Dkt. No. 47) is hereby adopted in its entirety.
2. The Clerk of the Court shall serve a copy of this Order upon all parties and the Magistrate Judge assigned to this case.
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Jennifer Seasons has been a lifelong writer and reader. She lives with her husband and four children in the mountains of rural New England. An enormous yet lovable dog and the world's coolest cat keep them company. When she's not writing, she loves spending time with her family outdoors, learning the joys of organic gardening, and—if she's lucky—relaxing in her hammock under the trees with a really good book.
" Royce and Hadrian are business partners. Their business? Crime. One a mercenary, the other a thief, they peddle their unique services to the wealthy aristocrats of the lands of Avryn. Or at least, ..."
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" Narcotics officer Cal Moore was supposed to detail the lastest L.A. drug murder. Instead, he winds up in a motel room, his head busted open, with a suicide note stuffed in his back pocket. Long ago, ..."
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" Something About You, the first book in the FBI-US Attorney Series is perfect listening for a day at the beach or a long automobile trip. Author Julie James establishes suspense early in the plot with ..."
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Manoa Falls Trail is a 1.5 mile heavily trafficked out and back trail located near Honolulu, HI that features a waterfall and is good for all skill levels. The trail is primarily used for hiking, walking, nature trips, and birding and is accessible year-round. Dogs are also able to use this trail.
dog friendly
kid friendly
nature trips
wild flowers
A short hike to the base of Manoa Falls, passing through movie scene locations from Jurassic Park and Lost This short hike will take you to 100ft Manoa Falls. The trail can be quite muddy, so make sure to wear proper shoes (you will be sorry if you wear flip flops, because your toes will easily slip around once they get muddy. Several scenes from the TV show LOST were filmed here, as was parts of Jurassic Park (you can see posters in the building with bathrooms and food service). Unfortunately, you cannot swim in the pool at the base of the waterfall, but the view alone justifies the easy hike. There is a $5 fee to park.
Nice and easy
The day we went had great conditions...little rain and mud...well worth checking out.
Easy hike with a beautiful and amazing environment.
I want to do this hike on December 27 on the afternoon.
I travel alone, if someone wants to come with me, please let me know :)
I will go there from Wakiki.
Also if people can give me some advises about this hike, it would be great!
Thank you!
Fresh air in the tropic small forest. Amazing!
We did this hike twice. Each time was with family since it's quick and easy. Just he careful on rainy days as it gets muddy and slippery. Wear the right shoes!
Awesome hike!
Quick short hike to the falls
A nice, fairly easy hike to a large waterfall. There were many families on the trail. At the Falls themselves it was pretty crowded, but it was still a really nice view and I enjoyed it.
There were tons of people swimming even though there were signs everywhere not to go past a certain point due to falling rocks. Up to you!
Don't forget to bring $5 for parking at the trailhead.
beautiful hike. a bit slippery in places, so be careful. slippas not recommended. note to self: don't hike this on a weekend. too much traffic. weekday is beddah.
This was an easy hike up to the falls with only a moderate incline. My boyfriend and I parked in the $5 lot at the base of the trail near the Treetop Restaurant and headed up the paved roadway on foot to the trailhead. Overall, it was pleasant, but crowded. There were many families and larger groups, especially once you get to the falls. Make sure you wear appropriate footwear, as wet rocks can be slippery, and bring bug spray as the mosquitoes can be unrelenting.
Great short hike. If you want to continue to hike you can take Aihualama trail just by the waterfall
Damien P.
Great little hike. Recommend coming after a good rain or else the falls is just a trickle. Lush surroundings and a nice impromptu hike if you just need to get out for the day.
Nice short hike right outside of town.
Easy trail. Lots of spots to pull over for a cool picture. Bring/Wear your swimsuit so you can get in the water. Your shoes will get muddy...it's a rainforest. There's a "TreeTop Cafe" at the bottom of the trail. If you are Uber-ing, have the driver take you as far up as possible so you don't spend the first 10min of the hike just moseying up the street towards the trail.
Very easy, beautiful hike. BUT there is a secret second waterfall you can hike too. Pretty sure it's illegal and it's VERY dangerous but somehow my friends and I managed to find it and hike it. Scariest experience of my life but so absolutely amazing and thrilling! Worth it, but don't know if I'd have the balls to do it again.


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8 Pet Care Jobs Found
Help me walk my pup
Posted by Rafael S. on 12/7/2016
- Start date:
- Flexible
- 21 miles away (Rock Hill, SC)
- $10/60 min walk
- 1 pet
I have a 2 year old mixed puppy that needs to be walked once a day while I'm at work. She's a Bo-Jack (Boston Terrier/Jack Russel mix). Small/medium size dog that's really sweet and affectionate, and she loves people. She's a social dog but can be a bit high energy at times (comes from her Jack... More
Need pet sitter to watch our 3 cats from...
Posted by Vanessa B. on 12/7/2016
- Start date:
- 5 miles away (Charlotte, NC)
- $12/visit
- 4+ pets
We are needing a pet sitter to watch our 3 cats while we are out of town from 12/19 through the morning of 12/24. Our small dog will be staying with family.
dog walking
Posted by Kathy D. on 12/5/2016
- Start date:
- Flexible
- 21 miles away (Concord, NC)
- $15/60 min walk
- 1 pet
dog walking/training to walk without pulling require meeting to discuss i will have more details either 12-6 or 12-7
Cat Sitter over Thanksgiving weekend
Posted by Tiffany P. on 11/21/2016
- Start date:
- 22 miles away (Huntersville, NC)
- $12/visit
- 3 pets
We need someone to come in once a day (Thurs 11/24-Sat 11/26) to put food down and change the water for our three sweet kitties. You may contact me at
Weekend dog care
Posted by Jesse H. on 11/16/2016
- Start date:
- 16 miles away (Monroe, NC)
- $10/visit
- 1 pet
Going out of town for the weekend. In need of someone to feed my dog Philly (very sweet 3 year old pitbull terrier), and let him out. Very easy and low maintenance dog. 2 visits needed per day.
Dog Walker
Posted by Ashley R. on 11/13/2016
- Start date:
- 15 miles away (Fort Mill, SC)
- $12/60 min walk
- 1 pet
Hey! I'm in need of a dog walker twice a week. During the week, I am often away from my home for 10-12 hours. Biscuit would be super excited to have a mid-day walk to exercise and potty. He is mild tempered and super lovable.
Loving petsitter
Posted by Aby M. on 10/24/2016
- Start date:
- 11/25
- 12 miles away (Charlotte, NC)
- $20/visit
- 2 pets
Walk feed travel nurse here for 13 weeks. 2 English Bulldogs. 3 and 6. Bella and Bailey . Please apply now. Thanks staying at Candlewood suites 8812 university east drWill need twice a day visit when start 12 shifts. ❤
Need Christmas Check on Cats
Posted by Tina R. on 11/10/2016
- Start date:
- 12/27
- Less than a mile (Matthews, NC)
- $15/visit
- 2 pets
Will be away from home December 27th-29th. Looking for someone to check on my two cats, scoop litter, fill food and water.


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THE ANDHRA PRADESH STATE COOPERATIVE BANK LIMITED RTGS HO Branch in MACHAREDDY - Address, IFSC, MICR Code
APBL0018038MICR Code
SIDDIPET ROAD MACHAREDDY COURASTHA MDL. MACHAREDDYCity
What is IFSC Code of THE ANDHRA PRADESH STATE COOPERATIVE BANK LIMITED situated at MACHAREDDY- RTGS-HO?
IFSC Code of THE ANDHRA PRADESH STATE COOPERATIVE BANK LIMITED situated at MACHAREDDY - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
Last year was the 30th anniversary of the Sisters of Mercy's 1985 album FIRST AND LAST AND ALWAYS, an occasion which led not only to a vinyl set highlighting that LP but also a similar set highlighting their 1987 album FLOODLAND. This year, the Sisterly love continues with the next album in line: 1990's VISION THING.
Recorded in Denmark, VISION THING wasn't an Andrew Eldritch solo project, but it definitely reconfirmed that Eldritch was the man with the Sisters' plan, as it effectively found him starting from scratch with a brand new band: guitarists Andreas Bruhn and Tim Bricheno and bassist Tony James, late of Generation X and Sigue Sigue Sputnik. The sound might be slightly different, but with Eldritch's voice, there's no question that you're still listening to the Sisters of Mercy, as is borne out on tracks like "More," "Doctor Jeep," and the title track.
Kevin Smith effectively created a long-term career for himself when he released his first film, Clerks, which set into motion the so-called View Askewniverse, which subsequently spawned Mallrats, Dogma, Jay & Silent Bob Strike Back, Clerks: The Animated Series, Clerks 2… You get the idea: Smith could've just kept doing more and more films within the same world he'd created, never needing to branch out into other cinematic territory. Lately, though, he's been shifting gears and trying new things on a regular basis, with the latest being Yoga Hosers, starring Johnny Depp, his daughter Lily-Rose Depp, and Smith's own daughter, Harley Quinn Smith.
Rhino has made it a point to reissue classic albums on 180-gram vinyl on a regular basis. This is the latest to get that treatment. You're welcome.
When it comes to prog-rock concept albums, there are few that are held in quite the same esteem as Yes's TALES FROM TOPOGRAPHIC OCEANS, a 4-song, 2-LP affair – yes, that's right: it's one song per side – featuring lyrics based on Jon Anderson's interpretation of a footnote in the 1946 book AUTOBIOGRAPHY OF A YOGI, paired with Steve Howe's musical themes and instrumentation.


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Sam's first degree was BSc (Hons) Hort (University of Coventry) followed by a Phd at the University of Wales, Cardiff. This investigated gene expression in wild leeks during the flowering processes, 'Inflorescence development in Allium ampeloprasum var. babingtonii'. This molecular biology background has been used to support a wide range of modules, from genetics, to developmental processes and cellular biology.
Sam Taught at University of Worcester, and Pershore Group of Colleges before moving to Hartpury. Has taught at many levels, including bespoke courses for teachers, part-time courses, FE and HE. Has been involved in a number of community projects, from development of allotments, with a particular emphasis on the involvement of children, Garden judging as a means of developing community, development of City Farms, working with schools to develop biodiversity and environmental awareness. Peer reviewer for the University of California.
Teaching Interests:
Biology, development and function, particularly at a molecular and cellular level
Research Interests:
UK slugs; understanding life patterns, investigating food preferences as a method of crop protection, personality traits.
Invasive ant species; impacts on native flora and fauna, evaluating the need for controls.
Psychological impact of belief on research results, including placebo affects (can they be transferred from owner to animal?) and unconscious impacts on data.
Recent Research Activity and Publications:
Developing research with National Trust on furthering understanding of the impacts of invasive ants.


text:
Invalid Clicks in AdWords
ChelseaJune 23, 2011No commentsPPC Advertising AdWords Management, Invalid Clicks, Media Rating Council
Invalid clicks are a legitimate concern of many AdWords users, and it makes sense. In a Pay-Per-Click world, why wouldn't people click through over and over again to put their competitors at a disadvantage? Well, Google is one step ahead, and they've already created an accredited process to recognize those invalid, duplicate and all together false clicks. This process...Read more
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Four Ways to Prioritize Topics on Your Editorial Calendar [INFOGRAPHIC]
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Mars Bar Ice Cream | One Pot Chef
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Mars Bar Ice Cream is a rich, indulgent dessert inspired by the famous candy bar. Mars Bars are slowly melted in cream then combined with eggs. Frozen until set, this glorious ice cream is
uploaded 7 weeks ago by OnePotChefShow in Rumble


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- Worldwide Rank #103,947,142
- Follower/Following Ratio 0.06
- Daily New Followers 0
yopita Twitter Stats
@0072Yeca - Tracking yopita Twitter profile since June 15, 2012
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@0072Yeca has 15 followers on Twitter.
This account is #103,947,142 in the worldwide rank of the most popular Twitter users.
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Last month this account followed 241 users.
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@0072Yeca will hit 15 followers in the next 3 months, and 15 in one year.
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text:
Is this restaurant appropriate for Kids?
Is this an Irish restaurant?
Is this restaurant good for brunch?
Does this restaurant offer takeout or food to go?
Is this restaurant good for lunch?
Is this restaurant wheelchair accessible?
Is this restaurant good for large groups?
Does this restaurant have waiters and waitresses?
Is this restaurant good for breakfast?
Does this restaurant offer free wifi?
Thanks for helping!
Travelling extensively throughout outback Queensland has been an experience but not always with good food.
We both had fantastic meals. Tasty cooked to perfection and priced right.
Did not stay at McGanns but went for a drink with intention of staying for dinner. Very busy weekend with The Roma Cup races on. Lack of seating in the main bar area to relax. Needs an overall, carpets old and worn but apparently now under new management now. Lot of Irish knick knacks but not the ambience of many...
A nice pub in centre of town. Good feed and service. Good selection of beers on tap for location. Had a poker night event happening on night I went.
During a short stopover in Roma, we were looking for a place for evening meals. A local had recommended Irish McGann's and a quick look at TripAdvisor seemed to confirm that. The hotel had a lively, friendly atmosphere and the meals were excellent.
Old pub quite rundown, beds where clean and comfortable but showers where poor water pressure and I ended up having to have a cold one, staff where great and meal whilst expensive for a pub was very good, noisey drunks and a band could make an early night out of the question however did not bother me.
Had dinner here after a week trekking at Carnavon. The staff were really friendly, meal servings large and food really tasty. I had the small vegetarian pizza and it was good, hubby had the steak and kidney pie and he said it was delisicious. My son had
the special and he really liked it as well.
Good homecooked style meals...
My wife and I stopped in for dinner after a weary 11 hour drive back from Birdsville. Highly recommend, the staff were friendly, great range of beverages, and the meals were massive and super yummy. Will definitely be back the next time we hit Roma
We wanted a quick family meal after a long day's drive and our motel manager recommended this place. It was an okay meal but a few small issues (ordered entree sizes but got mains, one dish not as described). Drinks quite pricey too. Not great, but not bad either. Probably wouldn't take young kids.
A typical pub with an Irish theme, friendly staff, disgusting toilets and an assortment of patrons in various stages of intoxication. Normal priced drinks with generous shots, had a great night, lots of laughs and no pricks picking fights!
Good food at reasonable price. One meal - eye fillet steak cooked as requested (medium rare) with garlic prawns mash and veg, other meal pork sausages mash and veg - both decent sized and lovely
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.


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How to Keep Friends From Knowing I Am Logged Into Facebook
Facebook is a social networking site that allows friends to connect with one another through various features, including chat. Facebook chat allows other users to see when you are online and available to interact. If you wish to keep friends from knowing when you are logged into Facebook, you can do so by signing out of Facebook chat.
Step 1
Sign in to your Facebook account.
Step 2
Navigate to and click the "Chat" window in the bottom right corner of the screen.
Step 3
Click the "Options" tab.
Step 4
Select "Go Offline" from the drop-down menu to change your status from available to offline.
Tips & Warnings
- To appear offline to a specific group within your friends list, click the button to the right of the list name to change the bar from green to white.
- You will remain signed out of Facebook chat until you use the same method to sign in again.


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This website designed by
Cheri Cunningham
Graphic Design
Notice is hereby given that a special Board Meeting will be held on Friday, October 28, 2016, at
7:00 p.m., at the Royal Wilcox Community Center for the purpose:
To pave from Olson Road to Wilcox Road on 2nd Street. 3" lift and 20 foot top.
All interested parties are encouraged to attend, but only town electors are authorized to vote at
the meeting.
Given under my hand this 25 th day of October, 2016.
Wendy S. Kowalke, Sunrise Township Clerk
Click here to download Petition
Property Owners in Century Link Service Area
After approximately 3 years of planning and
3 months of construction the
Kost Dam Bridge has now reopened!
Sunrise Township is located in Chisago County, Minnesota,
the banks of the Sunrise and St. Croix Rivers.
Please click on the
links to contact us,
learn more about Sunrise, access Town Board
download forms and policies,
or obtain plowing route maps.
Sunrise Town Hall -- Built 1861


text:
Dividend stocks have been in an uptrend for the past couple of years. Record low interest rates have created huge demand for yield and one of the best strategies has been to buy dividend stocks on dips. This has been working for many investors and may continue to make sense as rates are expected to stay low for at least a couple more years. One recent pullback that is worth considering now is in Prospect Capital Corp. (NASDAQ:PSEC). This high-yielding stock has been participating in the dividend rally and it recently hit new 52-week highs. However, it recently announced a stock offering which knocked the shares back down to an attractive entry point which is near a key support level. Here is a closer look at the company and why the current share price appears to be a solid buying opportunity:
Prospect Capital invests in small to midsized companies in a range of industries which includes energy, manufacturing, healthcare, financial services, etc. It has made debt and equity investments in companies like Totes Isotoner Corporation, Arctic Glacier Holdings, Inc., Targus Group International, Inc. and many more. By investing in a variety of industries and businesses, this company has created a diversified portfolio which reduces risks for investors.
As a business development company, or "BDC," Prospect Capital is set up to provide shareholders with a very generous dividend. BDC's typically pay a very high percentage of earnings out to shareholders. Also, by using leverage this company amplifies returns. It borrows money at low rates and invests that capital at higher rates. Another huge plus is that this company pays a dividend on a monthly basis which creates a very frequent income stream when compared to most stocks which pay on a quarterly basis.
The pullback in this stock occurred after the company announced it would sell shares in a secondary offering. The company priced about 35 million shares at $11.92. When other high-yielding BDC's or mortgage REIT stocks have announced a secondary offering, many dropped and rebounded in the coming days and weeks as the new shares were absorbed by investors seeking high yields. This same rebound could happen with shares of Prospect Capital and now looks to be a good time to buy since it is trading near a key support level. This stock has a 200-day moving average of about $10.70, and with the stock near that level now, the downside risk appears limited. Another supporting factor is that the stock is trading right around book value, which is $10.83 per share. This stock offers a high yield, monthly dividends and with the shares back down to key support levels, it makes sense for income investors to consider buying the stock.
Here are some key points for PSEC:
Current share price: $10.89
The 52 week range is $8.86 to $12.25
Earnings estimates for 2012: $1.46 per share
Earnings estimates for 2013: $1.23 per share
Annual dividend: $1.22 per share which yields 11.2%
Data is sourced from Yahoo Finance. No guarantees or representations
are made. Hawkinvest is not a registered investment advisor and does
not provide specific investment advice. The information is for
informational purposes only. You should always consult a financial
Disclosure: I have no positions in any stocks mentioned, and no plans to initiate any positions within the next 72 hours. I wrote this article myself, and it expresses my own opinions. I am not receiving compensation for it (other than from Seeking Alpha). I have no business relationship with any company whose stock is mentioned in this article.


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Hotpoint HTDP120EDWW White 27" 6.8 Cubic Foot DuraDrum Electric Dryer with Reverse-a-Door
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|Hotpoint, HTDP120E, Dryer, White, Dryers, Electric 27 6.8 Cubic Foot DuraDrum Electric Dryer with Reverse-a-DoorGet the control you need and the flexibility you want in GE dryers. These innovative dryers are packed with features to help save you time and get your laundry cleaner than ever.GE HTDP120E Features:DuraDrum interiorReverse-a-DoorAuto DryUpfront Lint Filter4 heat selections6 dry cyclesProvides long-lasting dependability and durabilityDoor opening can be reversed to meet laundry room needsMonitors air temperature to set dry timesMakes cleaning out lint easyProvide the right temperatures for your clothes-drying needsAdditional cycles for your clothes drying needsGE HTDP120E Specifications:Number of Cycles: 6Depth: 25.5 In.Fuel Type: ElectricHeight: 42 In.Width: 27 In.Number of Temperature Options: 4Total Capacity: 6.8 Cu. Ft.As a leader in the appliance industry since 1907, GE provides timeless and quality products that can fit in any kitchen. GE challenges the appliance industry with technology and engineering advancements, improving its customers lives one appliance at a time. Accompanied with its signature delivery and installation experience, GE is a brand that is tried and true.
Hotpoint Part Number: HTDP120EDWW


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|Page (1) of 1 - 04/26/12
|email article
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Son of Pa. Le-Nature's CEO gets 9 years in fraudSon of convicted CEO of defunct Pa. soft drink firm, Le-Nature's, gets 9 years in prison
Page: 1
Related Keywords:Le-Natures Fraud-Family, Corporate legal affairs, Money laundering, Corporate crime, Fraud and false statements, Legal proceedings, Law and order, General news, Corporate news, Business, Crime
Source:Copyright 2012 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.. All Rights Reserved


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One Way Luer Micro Plastic Air Medical Check Valve - Chinaprice: 0.34 Dollar US$
Power: Pneumatic
Material: Rubber, FVMQ Temperature of Media: High Temperature
Media: Gas, Oil, Water
Port Size: Max Dia=15.2mm Place of Origin: Fujian, China (Mainland)
Model Number: JT1064
Brand Name: Rubber Valve Application: General
Item: Micro rubber air valve, low pressure silicone check valve non return MAX Dia.: 15.2mm
Type: Duckbill
Our factory support OEM/ODM, confirm the details as follows, then we will help you design a perfect valve or we can introduce a similar valve that in stock:
1) Where does the valve you use in?
2) What kind of medium the valve come into contact with? Water, air, gasoline, lubricator or other?
3) What is your using temperature?
Note: The 1)2)3) will make us choose the best material to make the valve for you.
4) What is the working pressure about the valve you require?
5) What is the rate of flow?
6) What is the opening pressure?
7) What is the max back pressure?
8) What is the approximate size of the valve? Such as diameter, ID and OD.
9) What is your annual quantity?
Our company is specializing in the production of various kinds of valves: plastic check valve , duckbill valve , umbrella valve, combination valve , medical check valve and etc .
The company produces various kinds of valves , various types and different size valves ,
in order to meet your different needs.
♦Quality Controlled
The company is considering ."Quality First, Service First" for the purpose of quality control.
Quality is guaranteed to ensure you have an assured purchase!
♦Favorable Price
We will provide you favorable and reasonable price! The larger amount, much more discount!
Company Contact:
- Posted By: NIngde JIngteng Rubber Industry Co., Ltd
- Phone: +8618359163967
- Address: Xiangtaiyayuan Lianjiang South Rd. Cangshan Dist, Fuzhou, Fujian, China
- Email:
- Website: http://www.rubbervalve.com
Published date: June 30, 2016 -
- Business Description:
Good Evening, welcome to RUBBER VALVE!
Over the years, we have been always committed to the field of flow control. Relying on strong technical reserves and a team of developers, we often provide our clients with customized solutions. Existing products ( Such as Duckbill valves, Umbrella valves, Ball valves, Valve components, Diaphragm, etc. ) and services mainly for the automotive, medical, small engines, appliances, water treatment, food and packaging industries.
A number of products launched by us have become the priority of industry leaders. So, maybe you do not know our name "RUBBER VALVE", but our products have been used in the device you are using, and provide you with a professional and reliable service all the time.
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As a CENTURY 21® Real Estate professional, I am dedicated to providing you with the highest quality service possible. My personal knowledge of the local Real Estate market is combined with the power of the CENTURY 21 brand - the most recognized name in Real Estate today.
Let me assist you in finding your dream home, in a neighbourhood that is right for you, and in the price range you want. Or if you are interested in selling a property, I also have the expertise to help you get the fastest sale possible and at the best price.
I look forward to the opportunity of working for you!
Lately, my passion has been my newborn baby boy and watching his development. Seeing him plunk away at the piano when put in front of at only 4 months of age simply warmed my heart.
We have recently started swimming lessons with him. Watching him splash and bob around, (with even a little bit of cough and sputter, though Mom would have preferred he stay above water) is truly such a blessing.
Commercial and Residential Sales of Home Security Systems.
Owner of Small Business to bring homeowners and professionals together.
I have been helping families get what they need and want for well over 20 years.
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The Dr. Bronner Organic Shikakai Lavender Hand Soap will gently remove dirt from your hands whilst the castile soap base creates a rich emollient lather that will make your hands feel moisturised after use. Free from ... show more
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Untold Stories of Video Game Remasters – the Good, Bad, and Ugly
In today's video, we discuss something subjective – are video game remasters good or bad? And...
With just a couple of days remaining in the release of Uncharted 4 A Thief's End (finally), we are all excited about everything Naughty Dog is bringing on the table this time. The game has a gigantic fan base which now includes the PR head of Quantum Break as well!
Thomas Puha, the Public Relations head at Remedy Entertainment has been playing the game and also tweeting about it in depth. Clearly, he is a big fan.
Puha took to his official Twitter account to reveal that a player like him would take about 20 hours to complete the game. He says it took him 19 hours and 38 minutes to be exact and that in his opinion, it is "the best game in the series."
There is a lot of setting up going on at the beginning of Uncharted 4 A Thief's End, but he says that it gets "incredible" as we move forward.
The opening chapters are divisive as has been said, so much setup, but once the game gets going, its incredible.
Oh and by the way he is also a big fan of the animations in the game as well as the resources that Naughty Dog allocated for them in terms of animators. He even compared them with Quantum Break too.
In the credits of #Uncharted4 there is 28 or 27 animators credited. We had four on our game 😀
— Thomas Puha (@RiotRMD) May 5, 2016
Wanna know some more about the series? Here is an evolution of the Uncharted characters all the way from the first game to the last. Also, check out the first unboxing videos of the game's Special Edition and Libertalia Edition.
Source: Thomas Puha's Twitter.


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Children tights with witch motifs LItem #: 16128 L
£5.31incl. VAT, plus shipping
Order fast! Only a few items left
Delivery until 11.12. possible**
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Add the product directly to your basket by clicking the checkbox
Children tights with witch motifs L
Neon orange Children tights with black flying witches
Undere children tights with witch motive is a pretty party tights, which rounds off your Halloween costume perfectly ,
The great Halloween children's tights is an orange nylon tights with flying, black witches and thus missed you a great Halloween witches look for kids Halloween, carnival or birthday party.This mischievous eyecatcher you get the tastiest sweets and the greatest compliments.And to scare you find in our Horror Shop the witch nose , Along with the matching Kinderhexenhut black satin ,
1 x Children's tights with witch motifs
- Size L
- Color: Neon Orange
- Material 100% Nylon


text: With a stay at Topia Inn - An Organic Oasis in Adams, you'll be minutes from Topia Arts Center and close to East Hoosac Quaker Meetinghouse. This bed & breakfast is within close proximity of Susan B. Anthony Birthplace Museum and Mount Greylock. Make yourself at home in one of the 9 individually decorated guestrooms. Your pillowtop bed comes with Egyptian cotton sheets. Complimentary wireless Internet access keeps you connected, and digital programming is available for your entertainment. Private bathrooms with bathtubs or showers feature rainfall showerheads and complimentary toiletries. Pamper yourself with onsite massages or enjoy recreation amenities such as bicycles to rent. For your convenience, a complimentary breakfast is served daily. Featured amenities include express check-in and luggage storage. The recreational activities listed below are available either on site or nearby, fees may apply.


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The International Journal of Computer Science and Mobile Computing is another broad-scope open-access journal from India, one that claims it charges no author fees, a claim confirmed in the Directory of Open Access Journals. But the journal does have a sneaky, hidden "maintenance fee."
The journal prominently displays on its main page a whole bunch of colorful, yet fake, impact factors. It reserves the largest font for its ISSN, as if this were also a legitimate metric.
Like most junk journals from South Asia, this one doesn't really do any peer review and instead just accepts papers almost immediately. Here's a screenshot from the journal's FAQ:
I am not too surprised to find a journal that advertises fake impact factors and does a four-day peer review included in DOAJ:
The DOAJ record indicates the journal has no article processing charges:
However, the journal does have a "maintenance" fee, which is essentially the same thing as an author fee or article processing charge:
(I realize it is possible that this fee was added after DOAJ added the journal to its database.)
So, this is a journal that advertises fake impact factors, publishes papers with no real peer review, and has hidden author fees. And it's included in DOAJ.
How accurate is the data in DOAJ, and why are dishonest journals like the International Journal of Computer Science and Mobile Computing in its main index?


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S.T.A.L.K.E.R.: Shadow of Chernobyl User Reviews
STALKERThe good:
A brand new, hyped up PC game for $35 dollars...I've never seen that before.
The concept behind this game is quite original I think. Yes, you can reduce it to "just another FPS game", but the story is pretty unique.
In the remains of the Chernobyl catastrophe, you are a Stalker fighting to survive by completing missions for pay, collecting rare artifacts for sale or use, and finding help in the form of allies or weapons along the way.
You can sway people to be friendly, neutral, or enemies based off of your actions to them and/or the faction that they belong to. You can even join certain factions and create some nice bonuses for yourself.
The shooting system is pretty good. It's at least more realistic than previous games. Every shot doesn't kill, sometimes they completely miss because the further away you are the more inaccurate a weapon becomes. There is also a great selection of weapons to choose from.
The graphics can be very nice, too. Some of the scenery is really up to date, but other areas are circa 2003 in the gfx department.
There are a growing amount of mods becoming available to alter the gameplay to suit your tastes.
The game is too short. Far too short.
There are graphical anomalies that cause very high-end graphics cards to produce poor results at times. It would seem that top-end computers are required for mediocre results. More than likely an optimization problem that can be fixed in a game update, rather than the game itself.
There are some serious "stuttering" issues with the game along with other random performance issues which will probably end up being corrected with an update patch(es).
There is barely any difference between any of the default graphics settings. You have to manually tweak them to get any type of positive results.
There are some prominent bugs that need patched.
The rag-doll effects suck.
It's too easy to earn money once you get about 1/4 into the game. The weighting system doesn't seem right, either. You can only carry 60Kg of supplies, ammo and weapons, but somehow you can find room in your pockets for $500,000(Russian currency)..?
It seems like the levels are quite large, but there are distinct limits in each.
I feel this is a very entertaining game despite it's buggyness and graphical anomalies. It's short, but during that short time it is definitely fun. Well worth $35. This is one of few games I've actually bothered to finish multiple times, let alone a single time.
If you liked Half-Life2 you will definitely like this game.
Recent Threads
- A Confession... 4
- Looking for Good Mods 1
- Stalker SoC mod issues (all) 0
- HELP! Can't run setup! 0
- Jobs and other Stash info 4
- Need help. Can't find fix anywhere. 1
- Help with ending 0
- -=Introduce yourself here=- 27
- Can't even play... 2
- STALKER: Shadow of Chernobyl "Lost Alpha" mod restores cut content 1
- Money Console Command? 2
- S.T.A.L.K.E.R. board game 0


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(via Stacey Snacks) My friend Linda eats this when she wants a little detox in her life. I would happily eat this dish weekly, whether or not I need to lose a few pounds. It is my new favorite, EASY weeknight dinner.
- Yield
- Serves 2
- (2) 6 oz. salmon filets
- juice of 1/2 lemon
- 1 tbsp. brown sugar
- 2 tsp chili powder
- grated zest of the half lemon
- 3/4 tsp ground cumin
- 1/2 tsp kosher salt
- 1/4 tsp cinnamon
- Spray some PAM on a foil lined baking sheet (parchment paper is good too). Lay the salmon filets on the foil. Preheat oven to 425F. Squirt the fresh lemon juice over the salmon pieces. Mix the spices and zest together. Divide the spice mixture in half and pat it down on the salmon. Bake for 12-15 minutes, depending on the thickness of the fish.
Nutritional Info
- Calories206
- Carbohydrates7 g(2%)
- Fat12 g(18%)
- Protein18 g(36%)
- Saturated Fat3 g(13%)
- Sodium607 mg(25%)
- Polyunsaturated Fat4 g
- Fiber1 g(5%)
- Monounsaturated Fat3 g
- Cholesterol47 mg(16%)


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2 new threads. 1 new replies.
#16 - makutasfinestPeople who narrate their lives audibly have something figured out that the rest of us don't.
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Bar and Chain Kit, 18 In.
For consistent efficient cutting, replace worn chainsaw parts to keep your chainsaw running at its best. This chain saw kit has a bar and chain that is 18 in. With safety features included, these parts can fit a variety of different chainsaws.
Prevent any future mishaps by replacing chainsaw parts like chainsaw bars and chains. This kit includes a 18 in. low-kick chain which offers a smooth cutting performance. The 18 in. bar has a rack and pinion system for safe tensioning and a Wedge Lock™ bar-lock element that safely holds the chain in place. It is recommended that bar be replaced after the chain has been replaced twice. Please view the chainsaw brands list below for the compatible chainsaw models.Chainsaw Brands
- Bar and Chain Kit
- 18 in. bar
- Fits chain saws: Craftsman®/Sears®: 358.35020, 358.35119, 358.35607
- Echo®: CS-400EVL, CS-440, CS-510, CS-520, CS-3600, CS-3900, CS-4000, CS-4400, CS-4500, CS-4600, CS-5000
- Homelite®: 27, Super 240, Timberman, UT10518, UT10519, UT10520, UT10522, UT10550, UT10552, ZR10518, ZR10520, ZR10522
- Poulan®4;: 295, 335, 2700, 2750, 2775, 2800, 2900, 3000, 3300, 4620, 4620AV, 4620AVX
- Shindaiwa: 377, 488, 500
- Low-kick chain
- Recommended bar replacement after second chain
- Smooth cutting performance
- Bar has Rack and Pinion system, for safe tensioning
- Bar has Wedge Lock™ bar-lock element
Shipping Information
Your order is important to us and we will strive to process it as quickly as possible. Most in-stock items are shipped within 2-4 business days and typically deliver in 5-7 business days. In-stock items may ship from multiple locations and can arrive on separate days. Heavy or bulky items will ship via Freight/Truck Service and will take 8-10 business days for delivery. For those immediate product needs, we do offer at an additional cost, express service from UPS and Motor freight.
Shipping costs are determined by item weight and your zipcode. Once you have entered your shipping address, city, state, and zip code into checkout, your shipping total will be calculated and available for review. Please see the shipping map below as a guide.
Return Information
Your satisfaction is our priority. If for any reason you are not satisfied with a purchase from Agri Supply, we will gladly refund your money, or exchange the item, or fix it should it break. A minimum one-year warranty applies to all non-perishable items, parts and service from Agri Supply, and all hand tools sold by Agri Supply have a lifetime warranty, regardless of the length of the manufacturer's warranty. See our Agri Supply Guarantee for more details.
To return an item... give us a call at 1-800-345-0169, or visit one of our 8 retail stores near you, and one of our friendly customer service representatives, or store employees, will be glad to assist you.
Standard UPS Ground Shipping Map -
The above shipping chart applies to UPS ground shipments to the 48 contiguous states only. Please call 1-800-345-0169 for timing on shipments to Alaska, Hawaii, and Puerto Rico, thank you!
Review Summary
- Overall Rating: None
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text:
This Old House
Bedford Project, Part 16 of 16Series Website »
Episode Guide »
As the Bedford project wraps up, landscape contractor Roger Cook and landscape designer Jenn Nawada Evans install both the new and old plant material, adjusted at the nursery for the change in the color of the house. In the kitchen, tile contractor Mark Ferrante installs the ceramic backsplash tile with a crackle finish that requires sealing three times to prevent seepage and staining through the cracks. In the dining room, interior designer Dee Elms is on hand as wallpaper hanger Mike Bradshaw starts installing the new hand-woven paper from Japan. The front yard design is complete with the arrival of sod, and Roger installs the reproduction boot scraper in the granite step by the front door, while general contractor Tom Silva adds the doorknocker. As furniture is delivered, host Kevin O'Connor meets kitchen designer Kathy Marshall and homeowner Becky Titlow to see the finished kitchen and the appliances and fixtures they've chosen. Homeowner Joe Titlow shows master carpenter Norm how he's managed to get a good workshop space in the garage, despite budget constraints. Then, Dee reveals the design choices they've made in oldest part of the house - brightening up the parlor and transforming the dining room with color and texture. In the new addition, Dee's design partner, Andrew Terrat, gives Kevin a grand tour of the new spaces, including the new entry, mudroom, powder room, kitchen and dramatic new family room. The entire crew of THIS OLD HOUSE gathers for a party to wish the Titlows well in their "new" old house.
Arlington Arts & Crafts | A New Look to Match the OldArlington Arts & Crafts | To Paint or Not to PaintArlington Arts & Crafts | One Brick at a TimeArlington Arts & Crafts | A Steely DenArlington Arts & Crafts | Foundation FundamentalsArlington Arts & Crafts | Make Way for the Family RoomArlington Arts & Crafts | A New Look, Inside and OutArlington Arts & Crafts | Arts and Crafts Class Begins
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By Dana Tims
Oregon City, OR (September 9, 2010)- Clackamas County's commissioners approved an ordinance Thursday limiting clear-cutting of trees in urban, unincorporated areas of the county.
The decision comes two full years after the board appointed a 12-member task force, made up of conservationists, real estate agents, watershed specialists and developers, and asked its members to address both single-incident problems of clearcutting and the larger, longer-term issue of preserving the county's "urban tree forest."
The commissioners, in approving the new ordinance, directed county staff to expand efforts to maintain and enhance the county's tree canopy. Momentum for the county to pass a tree ordinance picked up steam several years ago at the height of the housing boom, when developers combed the area for lots and couldn't build houses fast enough to satisfy consumer demand. In several well publicized instances, that frenzy resulted in the wholesale clear-cutting of large parcels. When neighbors complained, they were told that county regulations did not apply if a development application had not been filed.
County Commission Chair Lynn Peterson, in a statement, said the new ordinance's goal is to increase the overall tree canopy in urban, unincorporated parts of the county without impeding economic development. "This is a good first step," she said. "Between the adoption of these clear-cutting restrictions and proposed tree-planting program and sustainability development code, I think we are on the right track."
Among other things, the new ordinance establishes a five-year development moratorium in cases of excessive tree removal in anticipation of development; defines "excessive" tree removal as more than 15 non-exempt trees at a rate of up to three per year; and defines "exempt" trees, among other things, as having a diameter at breast height of less than six inches. Forest-deferred properties are exempt from the new code.
Related Resources:
The Oregonian- Clackamas County commissioners approve new tree-cutting ordinance
Tree Ordinances & Design Standards