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United States District Court, S.D. California
April 10, 2014
RACHEE A. WILLIS, Plaintiff,v.MS. McEWEN, et al., Defendant.
LARRY ALAN BURNS, District Judge.
This case arises from a disturbance at the state prison where Plaintiff Rachee Willis was housed. While prisoners were being brought back into prison housing, a riot broke out involving black and Hispanic inmates. During the disturbance, Willis, who is black, was attacked by Hispanic inmates and injured. Defendants filed a motion for summary judgment (the "Motion"), which was referred to Magistrate Judge Ruben Brooks for report and recommendation. On February 20, 2014, Judge Brooks issued his report and recommendation (the "R&R"), which made factual findings and recommended denying the motion. Neither Plaintiff nor Defendants filed objections to the R&R.
Legal Standards
A district court has jurisdiction to review a magistrate judge's report and recommendation on dispositive matters. Fed.R.Civ.P. 72(b). "The district judge must determine de novo any part of the magistrate judge's disposition that has been properly objected to." Id . "A judge of 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). This section does not require some lesser review by the district court when no objections are filed. Thomas v. Arn, 474 U.S. 140, 149-50 (1985). See also Orand v. United States, 602 F.2d 207, 208 (9th Cir. 1979) ("If neither party contests the magistrate's proposed findings of fact, the court may assume their correctness and decide the motion on the applicable law.")
The R&R correctly sets forth the legal standards governing both summary judgment and Plaintiff's claims. The Court also adds that a motion for summary judgment must be resisted by showing there is evidence that would be admissible at trial, which creates a genuine issue for trial. See Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986); Fed.R.Civ.P. 56(e). This can be met by presenting evidence that would be admissible at trial, see Orr v. Bank of Am., 285 F.3d 764, 773 (9th Cir. 2002), or by pointing to facts or evidence that could be presented in admissible form at trial. See Fraser v. Goodale, 342 F.3d 1032, 1036 (9th Cir. 2003); Jones v. Blanas, 393 F.3d 918, 923 (9th Cir. 2004) (facts in verified pleadings that a party would be competent to testify to can be used to resist summary judgment). But evidence that is not admissible and could not be presented at trial in admissible form is not enough to resist summary judgment. See Orr, 285 F.3d at 773; Nelson v. Pima Community College, 83 F.3d 1075, 1081-82 (9th Cir.1996) (speculation is insufficient to create a genuine issue of material fact); Anheuser-Busch, Inc. v. Natural Beverage Distribs., 69 F.3d 337, 345 (9th Cir. 1995) (conclusory or speculative testimony is insufficient to defeat summary judgment)
It also bears mention that, although Willis is proceeding pro se and bringing civil rights claims, and is therefore entitled to liberal construction of his pleadings, see Karim-Panahi v. Los Angeles Police Dept., 839 F.2d 621, 623 (9th Cir. 1998), he must still follow the same rules of procedure that govern other litigants. See King v. Atiyeh, 814 F.2d 565, 567 (9th Cir. 1987). He was provided notice pursuant to Rand v. Rowland, 154 F.3d 952 (9th Cir. 1998) (en banc) and Klingele v. Eikenberry, 849 F.2d 409 (9th Cir. 1988). ( See Docket no. 35.) He was also afforded an opportunity to take discovery, and did not object to any of Magistrate Judge Brooks' rulings on discovery issues.
The R&R's factual findings were based on the evidence presented in favor of or in opposition to the Motion and on uncontested facts. Because neither party has objected to these, the Court ADOPTS them and will treat them as correct for purposes of the motion.
Which Claims Are Brought Against Which Defendants
The amended complaint ("FAC") brings two general claims, both based on Willis' Eighth Amendment rights. The first is that all three Defendants were responsible for leaving open an equipment locker, allowing other inmates to gain access to its contents (mops, brooms, and razors), which could be used as weapons. In fact, there are no allegations suggesting in any way that Navarro was responsible for monitoring the cabinet, or that he in fact left it open. This claim is properly construed as being brought against Cerros and Landeros only. The R&R so construes it, and neither party has objected to this construction.
The second claim was brought against the California Department of Corrections and Rehabilitation (CDCR) only, for allowing the riot to happen, in which Willis was attacked and injured by other inmates. The CDCR has been dismissed as a party, but the FAC as a whole shows that Willis thinks Defendant Navarro was responsible for this. The R&R so construes the FAC, and neither party has objected to this interpretation. The FAC does mention Defendants Cerros and Landeros as playing some role in the riot or in failing to keep Willis safe during it. The R&R doesn't identify which Defendants this claim is against, but the factual findings show Cerros and Landeros played only a minor role in keeping prisoners safe in the time leading up to and during the riot. The R&R says they were at the podium, conducting "boot checks" of inmates coming in from the yard, and played no other role until a riot broke out in the yard and they ran outside to help bring it under control. (R&R, 3:6-4:2.) Although Willis might blame all three Defendants for leaving him alone in the building with forty to fifty unrestrained Hispanic inmates (R&R, 5:13-16), the facts make clear Landeros and Cerros only left the building to deal with the riot outside. They are not alleged to have been responsible for organizing the return of inmates to their cells, or (except for leaving the equipment locker unsecured), for creating any conditions that were dangerous to Willis. By contrast, Defendant Navarro was the one deciding which inmates would be returned to their cells, and in which order, and Willis claims this was done in such a fashion that an inter-ethnic riot was likely to occur. (R&R, 5:11-13.) It is therefore clear the second claim can only properly be brought against Defendant Navarro.
Analysis of Claim Against Defendants Landeros and Cerros
Willis claims Landeros and Cerros left both the equipment locker and a razor cabinet open. Accepting this as true, as the Court does at the summary judgment stage, it is important to point out that Willis says he was attacked with the base of a telephone, and with a "large stick" - not a razor. Leaving the razor cabinet open did not cause Willis' injuries, and the telephone he was hit with did not come from either cabinet. The "large stick" is more of a quandary because there was no evidence it was a broomstick or mop stick, or if it was, that it came from the open equipment locker rather than somewhere else. Causation is therefore a problem for Willis, because deliberate indifference that does not result in harm is not actionable, nor are defendants in § 1983 actions liable for harm caused by others' actions or inactions. See Leer v. Murphy, 844 F.2d 628, 633 (9th Cir. 1988) (quoting Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978) (emphasizing the importance of individualized inquiry into causation in § 1983 actions).
Assuming, arguendo, Willis could show one of the weapons he was attacked with was the stick of a mop or broom taken from the equipment locker, Cerros and Landeros have raised the defense of qualified immunity. The R&R discusses the legal standard for this defense but finds these Defendants are not entitled to its protection. In this situation, the defense also implicates some of the "deliberate indifference" analysis. As the R&R correctly notes, Willis must show more than mere negligence to prevail - he must show deliberate indifference to a serious risk of harm. See Farmer v. Brennan, 511 U.S. 825, 834 (1994). What is more, the Defendants must have been subjectively aware of the risk, and ignored it. Id. at 837; Jeffers v. Gomez, 267 F.3d 895, 913 (9th Cir. 2001).
Here, the equipment locker that the stick may have been taken from presented some danger, but it is clear the equipment kept in it was routinely used by the inmate porter, who has cleaning duties. The undisputed evidence shows that the inmate porter was still carrying out his duties, and thus the equipment locker was still open when prisoners were being brought in from the yard.
Defendants also presented evidence of the time sequence of events leading up to the riot in the yard. (Motion at 3:23-15; R&R at 11:23-28.) At approximately 10:15 a.m., the inmates began coming back into the housing unit from the yard. Shortly after that, heavy rain began, resulting in poor visibility, and there were some lightning strikes. Because of that, there was an emergency recall at approximately 10:30 and all inmates were required to return from the yard into their housing units. Because of the rain, the inmates began entering the housing unit quickly and congregating near the door. Then at approximately 10:38, Defendants heard an announcement that a Code 2 riot was occurring in the yard, and almost immediately after that, it escalated to a Code 3, which is the highest level and indicates a life-threatening emergency.
Willis' claim is that Cerros and Landeros could and should have locked the equipment locker sometime between 10:15 and 10:38, and that failure to do so was deliberate indifference. Cerros and Landeros presented uncontroverted evidence, however, that prison protocol dictated that the equipment locker remain open while the inmate porter was cleaning. (R&R, 20:6-8), or at least, that they had discretion to allow the inmate porter to leave it open. ( Id., 20:21-25.) Willis alleges that prison procedures require that the locker be kept closed in order to prevent prisoners from using the cleaning tools as weapons, and alleges that Landeros and Cerros violated this by failing to secure the locker while prisoners were coming into the housing unit. (R&R, 4:20-25.)
But Willis' evidence[1] has a gap in it, and fails to prove his claim. Accepting as true that both Landeros and Cerros knew the locker's contents should be secured, and that they didn't actually do so is part of the case Willis must put on, it still isn't sufficient. Willis has to establish deliberate indifference, and must also get past the qualified immunity defense. Here, even assuming that leaving the equipment locker open at that time was irregular, there was initially no reason to think the mops and brooms would be taken and used as weapons while prisoners were entering the housing unit, because Landeros and Cerros were present and able to prevent that from happening. The R&R, however, concluded that a finder of fact could have found they acted unreasonably in leaving the locker open so that the inmate porter could clean, in light of the fact that the mops and brooms could be used as weapons during a riot. (R&R, 21:25-3.) This assumes deliberate action on their parts, however, and applies an inappropriately low standard.
There is no evidence that either guard deliberately ignored a known risk. Even if Cerros and Landeros were unreasonable or negligent in leaving the locker open while they were present, their actions would not rise to the "deliberate indifference" level. Cerros and Landeros also correctly argue they would be entitled to qualified immunity on this point, because no case law holds that prison officers' leaving an equipment locker open while they are present is unreasonably dangerous or amounts to deliberate indifference.
The R&R also doesn't address the emergency situation that was caused by the sudden, unexpected heavy rain and lightning. No evidence suggests Cerros or Landeros anticipated this, or the attendant problems of poor visibility in the yard and prisoners hurrying in out of the rain and congregating near the door.
Second, the R&R doesn't adequately distinguish between the riot in the yard (which Cerros and Landeros couldn't see or anticipate) and the attack in the housing unit, and also between what each of these two Defendants knew and what was known by other officers. Cerros and Landeros were conducting "boot checks" at the podium, and might have seen how prisoners were being returned to cells, as Willis did. (R&R, 3:7-20.) This might have led them to expect a disturbance in the housing unit. But in this case, that's not where the riot began; it began outside, in the yard, and there is no evidence Cerros and Landeros had an reason to know that would occur. The possibility that other officers might have known a riot would occur in the yard does not help Willis, because each Defendant's actions are analyzed individually, Leer, 844 F.2d at 633, and the reasonableness of each Defendant's actions is analyzed from the point of view of that Defendant. See Graham v. Connor, 490 U.S. 386, 396 (1989) (for qualified immunity purposes, officer's reasonableness "must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight").
When the riot broke out in the yard and the alarm was sounded, Landeros and Cerros were required to leave their post and run outside to respond. When they did so, a group of prisoners ran out into the yard to participate in the riot, and Defendant Navarro closed the door to prevent this.[2] (R&R, 3:23-4.) Only then did the Hispanic prisoners begin to attack the black inmates indoors. ( Id., 4:4-13.) Willis was injured in this secondary attack. But there is no evidence suggesting Cerros and Landeros knew they were going to be called away suddenly, leaving the equipment locker unattended and creating a hazard during the secondary attack.
The R&R's qualified immunity analysis is also incomplete in that it fails to consider that Cerros and Landeros were acting quickly under emergency circumstances. The Motion makes this argument, (Motion, 16:3-18), and it is well-taken. The qualified immunity analysis is conducted in light of the specific context of the case. Saucier v. Katz, 533 U.S. 194, 202 (2001). The analysis is undertaken from the point of view of Landeros and Cerros, individually, in the situation where they found themselves. See Graham, 490 U.S. at 396. In these circumstances, Landeros and Cerros could reasonably have left the locker open to allow the inmate porter to continue cleaning. And when the riot broke out in the yard and escalated to Code 3 (a life-threatening situation), they were not unreasonable in immediately leaving their posts and running out into the yard without delay to help, even though this meant leaving the locker unsecured and unattended.
The Court therefore rejects the R&R's analysis of this claim, and finds that Cerros and Landeros are entitled to summary judgment, both because there is insufficient evidence to establish causation and deliberate indifference, and because they are entitled to qualified immunity.
Analysis of Claim Against Defendant Navarro
The Court has reviewed the R&R and finds its analysis to be generally correct. The only point the Court would change is its analysis of a remark Landeros supposedly made when apologizing to inmates: "I'm so sorry, I had no idea [the Hispanic prisoners] were going for you guys, we thought they were going to fight each other." (R&R, 4:25-5:2; 16:16-19.) Landeros denies saying this. The R&R discusses the probative value of this, if offered to show Defendants knew a riot was likely. This statement is thin at best, because the time frame and location aren't clear. In other words, it is ambiguous whether the remark refers to the attack indoors or the riot outdoors, or whether Landeros meant they anticipated the attack well in advance, or moments beforehand when there was no reasonable chance to respond. Bearing in mind she denied saying this at all and therefore did not explain what it meant, there is no factual basis from which to infer its meaning. Speculation about what it meant is not enough. Furthermore, even if Landeros said it, and even if it means Landeros anticipated the attack well in advance, the remark at most admits awareness of a danger to other inmates (the Hispanic inmates), not Willis. This doesn't amount to evidence that Landeros subjectively thought Willis and other black inmates were in any serious danger.
But more to the point, this statement is inadmissible hearsay if offered against anyone other than Landeros herself.[3] See Fed.R.Evid. 801. The claim against Landeros is being dismissed, so it will not come in at all. But even if Landeros were still in the case, this remark could not be used to show that Navarro knew a riot was likely. Although the R&R says Defendants did not object to this remark's admissibility (R&R, 18:1-3), in fact the Motion did point out the remark didn't show either Cerros or Navarro knew about the riot before it occurred. (Motion, 11:5-7.)
This clarification does not, however, change the outcome. Willis has offered his own testimony that the manner in which inmates were returned to their cells was highly unusual, and that it was common knowledge that racially motivated riots and attacks were common in circumstances such as these. As a prisoner, Willis has some basis for such testimony, and a jury could reasonably infer from this that Navarro knew of a serious risk of a riot, and of harm to the prisoners there (including Willis), and that he could have minimized or eliminated the risk.
Conclusion and Order
The R&R is modified as discussed above, and so modified, it is ADOPTED. The Court GRANTS summary judgment as to the claim against Cerros and Landeros, and the claim against them is DISMISSED WITH PREJUDICE. Because there are no claims pending against them, they are DISMISSED AS PARTIES.
Currently on calendar for Monday, April 14, 2014 is the pretrial conference in this case. The conference will remain on calendar, but Cerros and Landeros need not attend or participate. Defendants' counsel need not submit a revised proposed pretrial order at this time.
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Edward B. Harmon: Obama's quiet war on America
Published: Monday, January 2, 2012 at 6:01 a.m.
Last Modified: Wednesday, December 28, 2011 at 10:53 p.m.
Since the Obama administration stopped using the phrase "War on Terror" it has occurred to me that the administration, the Democrats in Congress and their various minions have, indeed, been waging another undeclared war. Their actions and words make clear that they are waging a vigorous, consistent and relentless war on private sector, non-unionized employees, their families and employers.
The first shot of Obama's economic war targeted "American Exceptionalism" via the stimulus. All it accomplished was to protect government departments and employees from having to make the same sacrifices that private sector employees were already making in the way of reduced wages, hours, benefits or layoffs.
Obama then declared that private sector employers wishing stimulus funds had to have a unionized workforce. Only 7 percent of private sector employees belong to unions. Private sector employers were also obliged to sign "project labor agreements" requiring them as non-union employers to pay union wages and benefits. Those requirements guaranteed that the taxpayer would pay substantially above market costs to get those "shovel ready" projects done.
The results are beyond doubt. The national debt has risen exponentially.
Give Obama credit for leaving our children and grandchildren with "his mess" while political debts to supporters are paid.
No growth occurred, high unemployment continues and there is no real prospect for change as long as this undeclared war continues.
American workers responded in November 2010, hoping to declare a truce. So Obama changed his strategy to a more covert, guerilla war against the private sector. His secret weapon? The EPA and lack of energy independence impacted every household in our nation.
If jobs and energy independence are even close to a priority for Obama, he wouldn't have pushed off the decision of the Keystone XL pipeline to bring crude oil from Alberta, Canada, to U.S. Gulf Coast refineries. However, the need to pander to environmental and other fringe elements and get campaign funding presented a "high value target" to those, like Obama, who disdain and demonize the profit motive and who never saw a domestic, private, non-governmentally controlled energy source they would not try to destroy.
The Keystone XL project is estimated to create between 10,000 and 60,000 high-paying, private sector construction jobs. There would be more than $20 billion in private capital investments. It would decrease our dependence on imported oil from countries hostile to us and instead source the fuel from Canada.
Without Keystone XL, Obama's decision will result in Canada selling the oil to China or other countries who would like to see the U.S. fail.
Obama's excuse for trying to delay the Keystone XL pipeline decision until after the 2012 presidential election? He had environmental concerns; read liberal and environmental voters.
The Department of State, under Hillary Clinton, commissioned and received an expert report on the pipeline. The findings stated "after years of the most rigorous, professional and scientific studies available" that the pipeline was the safest way to move oil across the country and would present only a minimal risk to soil, air, water or animals.
Against his own administration, Obama's decision continued his battle. When Obama leaves office, this undeclared war against America will be over.
Whether Obama blames the continued economic disaster caused by his policies on Karl Rove, George Bush, earthquakes, tidal waves, extreme heat, European deficits or oil spills, history will show him as the worst president thus far in our history.
Stop the war!
Edward B. Harmon lives in Alachua.
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decided: September 26, 1983.
AVERY C. BENNETT, PETITIONER,v.DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, RESPONDENT
Petition for Review of an Order of the Benefits Review Board.
Wood and Eschbach, Circuit Judges, and Gordon, Senior District Judge.*fn*
GORDON, Senior District Judge.
The petitioner seeks review of a decision of the United States Department of Labor Benefits Review Board (BRB) dismissing as untimely his appeal from the decision of a Labor Department Administrative Law Judge (ALJ). The latter denied benefits sought by Mr. Bennett under the Black Lung Benefits Act, 30 U.S.C. § 901 et seq. This court has jurisdiction pursuant to 30 U.S.C. § 932(a) and 33 U.S.C. § 921(c). For the reasons set forth below, we affirm the decision of the BRB.
The relevant procedural history of this case is not in dispute. Review of the petitioner's claim for federal black lung benefits culminated in a formal hearing before ALJ Stewart A. Levin on December 3, 1979. On March 24, 1980, the ALJ issued his decision and order denying benefits. As required by 20 C.F.R. § 725.478, he served the decision on the petitioner and his counsel on the same date. The ALJ's decision did not contain any notice of the appeal rights specified in 20 C.F.R. § 725.481.
On October 10, 1980, the petitioner's newly retained counsel filed with the BRB a notice of appeal from the ALJ's decision. On February 27, 1981, the BRB issued its order dismissing the petitioner's appeal as having been untimely filed under 20 C.F.R. § 802.205.
In enacting the Black Lung Benefits Act, Congress adopted the hearing and appeal procedures of the Longshoremen's and Harbor Workers' Compensation Act (LHWCA). 33 U.S.C. §§ 919, 921, as incorporated by 30 U.S.C. § 932(a). Section 21(a) of the LHWCA provides:
(a) A compensation order shall become effective when filed in the office of the deputy commissioner as provided in section 919 of this title, and, unless proceedings for the suspension or setting aside of such order are instituted as provided in subdivision (b) of this section, shall become final at the expiration of the thirtieth day thereafter.
The thirty-day limitation on appeals of compensation orders established by this statutory provision is echoed in the regulations applicable to black lung claims issued by the Secretary of Labor. Under 20 C.F.R. § 725.479, an ALJ's decision and order becomes final thirty days after it is filed in the office of the deputy commissioner unless proceedings to suspend or set aside the order are instituted within that time period. According to 20 C.F.R. § 725.478, a decision of an ALJ is "considered to be filed in the office of the deputy commissioner" on the date it is issued and served on the parties. Under these regulations, the petitioner had thirty days after he was served with ALJ Levin's decision and order on March 24, 1980, in which to appeal the decision to the BRB. Since the petitioner's notice of appeal was not filed until October 10, 1980, it was clearly untimely.
The same conclusion is compelled by examination of the regulations issued by the Secretary of Labor as the Rules of Practice and Procedure of the Benefits Review Board, 20 C.F.R. Part 802. The applicable regulation is 20 C.F.R. § 802.205(a), which provides that a notice of appeal must be filed with the BRB within thirty days from the date the ALJ's decision is filed in the office of the deputy commissioner.
The consequences of failure to file a timely appeal are recited in § 802.205(c):
(c) Failure to file within the period specified in paragraph (a) or (b) of this section (whichever is applicable) shall foreclose all rights to review by the Board with respect to the case or matter in question. Any untimely appeal will be summarily dismissed by the Board for lack of jurisdiction.
The petitioner acknowledges that he failed to comply with the statutory and regulatory time limits for filing his notice of appeal with the BRB. However, he argues that his failure should be excused because the ALJ did not include a notice of appeal rights in his decision, and the petitioner therefore was not personally made aware of the applicable time limits.
In his brief on appeal to this court, the petitioner argued that inclusion of a notice of appeal rights in the ALJ's decision is mandated by 20 C.F.R. § 725.481. However, the petitioner's counsel abandoned this contention at oral argument since the regulation cited is devoid of any language that explicitly or implicitly imposes such a requirement. Furthermore, 20 C.F.R. § 725.477(b), which prescribes the required contents of an ALJ's ruling, contains no mention of a notice of appeal rights. The latter regulation states:
(b) A decision and order shall contain a statement of the basis of the order, the names of the parties, findings of fact, conclusions of law, and an award, rejection or other appropriate paragraph containing the action of the administrative law judge, his or her signature and the date of issuance. A decision and order shall be based upon the record made before the administrative law judge.
Although this regulation does not require the ALJ's decision to include a notice of appeal rights, the petitioner argues that such a notice should be included, based on general principles of fairness. He points out that black lung claimants commonly have little education and cannot reasonably be expected to be aware of the contents of either the Federal Register or the Code of Federal Regulations. He also argues that such claimants often will be proceeding pro se on appeal to the BRB, because attorney's fees are reimbursed only if the appeal is successful. See 20 C.F.R. § 802.203.
We recognize that it may be difficult for an unrepresented black lung claimant to understand his appeal rights. However, the petitioner has cited no authority, and we have found none, that would permit the time limits for appeal to the BRB to be waived in cases like the one at bar.
It has long been established that publication of regulations in the Federal Register has the legal effect of constructive notice of their contents to all who are affected thereby. 44 U.S.C. § 1507; Federal Crop Insurance Corp. v. Merrill, 332 U.S. 380, 384-85, 92 L. Ed. 10, 68 S. Ct. 1 (1947); Diamond Ring Ranch, Inc. v. Morton, 531 F.2d 1397, 1405 (10th Cir. 1976). The United States Supreme Court has stated that such regulations are binding "regardless of actual knowledge of what is in the Regulations or of the hardship resulting from ignorant innocence." Merrill, 332 U.S. at 385.
No contention has been made that the regulations are unclear in their statement of the time limitations for an appeal to the BRB. The petitioner and his attorney had constructive notice of the regulations by virtue of their publication in the Federal Register and Code of Federal Regulations. Under these circumstances, requiring the petitioner to comply with the time limits set out in the regulations does not violate principles of due process.
The statutory scheme which the regulations in question were designed to implement likewise offers no solace to the petitioner. While the petitioner may argue that his failure to file a timely notice of appeal was "excusable neglect," it is clear that this ground for extending the time limits for an appeal does not apply in the case of administrative proceedings governed by 33 U.S.C. § 921. See Blevins v. Director, Office of Workers' Compensation Programs, 683 F.2d 139 (6th Cir. 1982); Pittston Stevedoring Corp. v. Dellaventura, 544 F.2d 35 (2d Cir. 1976), aff'd sub nom., Northeast Marine Terminal Co. v. Caputo, 432 U.S. 249, 53 L. Ed. 2d 320, 97 S. Ct. 2348 (1977). Cf. Insurance Co. of North America v. Gee, 702 F.2d 411 (2d Cir. 1983).
The petitioner concedes that he failed to file his notice of appeal to the BRB within the applicable time limits. No constitutional, statutory, or other authority supports the enlargment of those time limits. The BRB was therefore correct in its conclusion that it was without jurisdiction to hear the petitioner's appeal.
Although we affirm the BRB, we take this opportunity to note that the need for lawsuits such as this one might be obviated, and fairness to uneducated or unrepresented claimants would be better served, if administrative law judges routinely included a notice of the right to appeal in their decisions. At oral argument, counsel for the Director, Office of Workers' Compensation Programs, noted that this was in fact the practice until several years ago. We believe that it would be wise to revive this practice.
For the foregoing reasons, the decision of the Benefits Review Board is affirmed.
The decision of the Benefits Review Board is affirmed.
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List Price $300.00
Please note: BLINQ sells products in multiple conditions (new, open box, refurbished, etc). Not all reviews are reflective of the condition that you may purchase.
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- Features
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For sale by Balashakthi Hardware MEMBER30 Nov 5:10 pmBoralesgamuwa, Colombo
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11 Hancock Road Alligator Creek QLD 4816
Email Agent
25 ACRES WITH LARGE SHED ADJACENT TO NATIONAL PARK11 Hancock Road, Alligator Creek
The enquiry code for this property is 1007
Please note this 4 digit code very carefully as it is required for all enquiries.
The property offers numerous, secluded building sites and the opportunity to build the haven you've always dreamed of. Located just 25 minutes from Townsville where future growth is well predicted, this acreage offers new owners the chance to live handy to work yet escape to a home where you can get away from it all and be immediately at one with nature. The subdivision potential also makes it an outstanding investment.
The land has town water at the boundary, a bore water supply, two feeder tanks and two rainwater tanks. There is also a 15m x 9m x 4.2m(H) colour bond shed with roller doors, one extra height, so plenty of room for a boat.
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Real Estate For Sale in Alligator Creek, QLD 4816 priced between $460,000 and $850,000


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MIDDLEBURY — The 2013 Middlebury Arts Walk season continues with the season's fourth event taking place on Friday, Aug. 9, from 5 to 7 p.m. Middlebury Arts Walk is a free event (for artists, venues and attendees) and is held the second Friday of the month from May to October. In many cases the art is on display all month long — not just that evening.
Special Events
MIDDLEBURY — The Middlebury Police Department in the coming months will phase in two newly hired police officers to replace two members who have left the force. It is a transition that will, in the meantime, require some creative scheduling to ensure shift coverage during the coming months while the new recruits are in training.
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MIDDLEBURY — While everyone can appreciate the improvements being made near Otter Creek Falls in downtown Middlebury this summer, the construction site and the adjacent Marble Works lawn has had its share of mud and mess like any other construction site during this wildly wet summer.
Still, every Saturday and Wednesday the Middlebury Farmers Market has been open for business, with both vendors and customers alike putting aside any aversions they may have to mud for the sake of good food and company.
MIDDLEBURY — Middlebury police are looking for an armed man who robbed the Marble Works Pharmacy of an undisclosed amount of prescription drugs at around 5:50 p.m. on Wednesday, July 24.
MIDDLEBURY — The Middlebury selectboard on Aug. 13 is scheduled to pick a design-build company to help draw up plans for a new municipal building and gym, a project that could be put to the voters as soon as this November.
Board members on Tuesday agreed to establish the five-person committee to evaluate four design-build teams that are in the running for the contract. The teams are DEW Construction Corp. and Freeman French Freeman, Inc.; Engleberth Construction and Wiemann Lamphere Architects; ReArch Co. and Vermont Integrated Architecture; and Bread Loaf Corp.
MIDDLEBURY — The Middlebury selectboard on Tuesday unanimously agreed to apply for almost $160,000 in state grants to build the first two 600-foot segments of a bike and pedestrian pathway on Exchange Street.
Officials are seeking money for the first 1,200 feet of pathway, extending from the Exchange Street/Elm Street intersection to the driveway of MacIntyre Services. If successful with this application, the town would apply for a future grant to complete the third and final segment — from MacIntyre Services to the Exchange Street/Route 7 intersection.
MIDDLEBURY — Jim McWilliam wakes up every morning eager to start work at his job as executive director of The Lodge at Otter Creek, one of Middlebury's two major retirement communities.
And McWilliam doesn't have very far to travel to get to work. He lives at the Lodge, a development that just marked its fifth birthday and is ramping up occupancy as the economy continues to chug out of a lengthy recession.
MIDDLEBURY — Middlebury College's offer to provide $5.5 million to the town of Middlebury to help construct a new municipal building and gym comes a year and a half after the institution offered $2.875 million in aid for a similar project, according to Selectman Craig Bingham, who this week decided to divulge the proposal that he said was discussed and rejected by the board during a Dec. 6, 2011, executive session meeting.
MIDDLEBURY — Middlebury police cited Amber Wood, 31, of Middlebury, for simple assault, after allegedly striking her child on July 8. Police said Wood was lodged at the Marble Valley Correctional Center.
In other action last week, Middlebury police:
• Cited a local woman on July 8 for entering Shaw's Supermarket on Washington Street in violation of a no-trespass order.
• Responded to a domestic disturbance at a South Pleasant Street residence on July 9.
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These stunning ballroom trophy awards will be the envy of everyone come awards night at your next dancing event. Each award features a star-shaped topper in glorious gold, with a textured gold column and sparkling accents for a luxurious finish. Available in six assorted sizes, these column trophies are an ideal choice if you've various categories to award, with plain base plates at the marble bases that can be personalised with bespoke engravings. Add a name, date or title for a small cost when you order online.
Your individual engraving instructions can easily be entered using our step by step process. We'll even send you an artwork proof on high value items.
If you find a lower advertised price within 30 days of your purchase, let us know and we'll refund the difference. (Terms apply)
We want you to be happy with your order, so if there is anything that doesn't meet your satisfaction please let us know and we'll do whatever we can to put it right!


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The available space comprises ground and basement level retail accommodation. A new lease is available on FRI terms for a period of years to be agreed.
Marketed by Dacres Commercial
The available space comprises 568 sq ft of ground floor retail accommodation with a 70 sq ft store to the rear. The premises are held on an effectively full repairing and insuring lease for a term expiring 1st October 2016 at a current rent of £15,060...
Marketed by Prime Retail Property Consultants LLP


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CLIFTON - As many businesses are seeing a decline in customers, dollar stores across New Jersey say business is booming.
Many people say they are turning to the stores to save money since cash is tight.
Pedro DeJesus and his wife Marlene were able to get eight bags of groceries for $38 by shopping at a dollar store. Something they say makes them feel empowered without going into debt to feed their family.
For an extended interview on booming dollar store businesses go to Channel 612 on your iO Digital Cable Box and select iO Extra.


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- Change to MA 17 Konvention Host Hotel
- Sassafras Mountain Observation Tower Delayed until 2017
- State Highpoints May Offer Amazing View of 2017 Total Eclipse
- Lost on a Mountain in Maine Author Dies
- Bear Attacks: Is the Risk Being Overhyped?
- Report: Alabama's Cheaha State Park Expected to Have Operated at a Profit for Fiscal Year
- Gearjunkie.com article on highpointing
- News Coverage of Highpointers Convention in Montana
- Lucy Westlake at 12 Claims to Be Youngest to Summit the Lower 48
- 2016-2017 Highpointers Board of Directors
- Headlines for your Thursday
- Highpointers Club Facebook August Photo Contest
- Weekend Roundup
- What's the word?
- 2016 Highpointers Convention August 12-13 at Red Lodge, Montana
- Member 72 Year Old Kathy Clark Seeks to Be Oldest Woman To Summit Denali
- Congratulations Cops on Top on the 2016 Summit Climbs
- 2017 Highpointers Convention July 20-22 at Mount Greylock
- 48 Completers at May 31, 2016
- 50 Completers at May 31, 2016
Tags7 Summits Accidents Adventures Alaska Animals Arizona Arkansas Asia Avalanches Books California Canada Colorado Dogs Europe Everest Fatal Fatal accidents General Hawaii Helicopter Rescues Highpoint (States) News Highpoint News (world) Kentucky Maine Massachusetts Missouri Montana Multimedia New Hampshire New York North Carolina Offbeat Oregon Records South Dakota States Technology Tennessee Texas Trip Reports Utah Vermont Washington Wyoming
- Mount Magazine Butterfly Festival (traditionally third Friday and Saturday of June)
- 2017/06/16 - 2017/06/18
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- Mount Davis Challenge Bicycle Race First Sunday of August
- 2017/08/06
- Mount Davis, Pennsylvania
- Mount Magazine Butterfly Festival (traditionally third Friday and Saturday of June)
- 2018/06/15 - 2018/06/17
- Seek the Peak Mount Washington Fundraiser (traditionally third week in July)
- 2018/07/20
- Mount Washington, New Hampshire
- Mount Magazine Butterfly Festival (traditionally third Friday and Saturday of June)
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Tag Archives: Tennessee
Researchers Hope Generation of Fraser Firs Will Survive balsam woolly adelgid on Clingmans Dome
Researchers hope that the new round of fraser firs will survive the balsam woolly adelgid on Clingmans Dome.
Clingmans Dome Road Closed Until June 21
The Clingmans Dome Road (which was scheduled to re-open in May and June 19) will not open until June 19 while work continues on it. The roadwork is a result of $80 million in American Recovery and Reinvestment Act (Stimulus) … Continue reading
Volunteers Sought for New Information Center on Clingmans Dome
Volunteers are being sought to staff the new Information Center on Clingmans Dome. The Center will be in the former Civilian Conservation Corps restroom building (which has been GREATLY renovated). The staffing is being coorindated through the Great Smoky Mountains … Continue reading
Tagged Tennessee, Volunteer Leave a comment
Clingmans Dome Ties All Time Record of 72F
The Dickson Herald reports the Great Smoky Mountains National Park site and highest point in Tennessee — hit 72 degrees Friday.
Tagged Tennessee Comments Off on Clingmans Dome Ties All Time Record of 72F
Coyote, Bear, Mountain Lion Attacks in CO, MA, TN, WA
Here's a summary of coyote, bear and mountain lion reports in Tennessee, Washington, Colorado and Massachusetts.
Posted in General Tagged Animals, Bears, Big Cats, Colorado, Coyotes, General, Massachusetts, Tennessee, Washington Comments Off on Coyote, Bear, Mountain Lion Attacks in CO, MA, TN, WA
Backcountry Accidents: Cub Scouts in California, Fatal Fall on Starr Mountain, TN
Three Cub Scouts reunited after getting lost in state park Napa Valley Register – Napa,CA,USA By MARSHA DORGAN, Register Staff Writer. Three Cub Scouts were reunited with their troop after being lost for about an hour and half in Robert … Continue reading
Tagged Accidents, California, Tennessee Comments Off on Backcountry Accidents: Cub Scouts in California, Fatal Fall on Starr Mountain, TN
30 Foot 3 Ton Climbing Wall Stolen in Memphis
Police report they have recovered a 30 foot high 3-ton climbing wall that was stolen in Memphis from Outdoors Inc. but was recovered at the airport. The wall had been taken in tact and not broken apart.
Dog Advice in the Smokies
Mount LeConte Lodge With Pigeon Forge Below Originally uploaded by americasroof. The Washington Post has this advice on dogs in the Smokies. The national park does allow dogs in campgrounds, picnic areas and along roads, including scenic overlooks — but … Continue reading
Tagged Animals, Dogs, North Dakota, Tennessee Comments Off on Dog Advice in the Smokies
Panoramas With Peaks Identified From NC, TN, GA Summits
Ken Gauger has released a series of very detailed images identifying the mountain peaks from Mount Mitchell, Clingmans and Brasstown Bald.
Tagged Georgia, Highpoint (States) News, North Carolina, States, Tennessee Comments Off on Panoramas With Peaks Identified From NC, TN, GA Summits


text: WaZZup peoplE!!!!!!!! call me 1.1.3 Now that I found you guys, i wont have any probs on my iPod. That is great news for me and for my other Friends iPods . I'll be testing it out and playing around with it when I get a chance. This forum was a great find!!


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A prepper is a word that is used to describe someone who believes an emergency or a catastrophic disaster is likely to happen in the foreseeable future and therefore starts making active preparation for it. They will read survival guides like the lost ways pdf, to help them get started.
What kind of disasters do preppers prepare for?
Generally, preppers are prepared for all kinds of disasters, including uncontrollable events as well as natural disasters. In fact they can survive longer than other people because they possess the necessary skills as well as knowledge necessary to survive in case of a disaster. Preppers truly believe they have a duty to protect their loved ones every time their lives are in danger.
Preppers are therefore well equipped to deal with all kinds of disasters, including earthquakes, economic collapse, hurricanes, fire, and floods, among others. When the weather conditions worsen or other disasters that can lead to scarcity of resources, they are well equipped to sustain their families. Preppers are known to have the ability to adopt to adverse conditions, and also provide their families with security and safety during perilous situations. To be well equipped for this role, they ensure there is enough food, supplies, as well as water for their loved to survive should any kind of disaster strikes.
What makes people to choose to become preppers?
There are so many reasons why some people choose to become preppers. Some of them include the following:
-The fear that grocery stores will ruin out of supplies should a disaster strike
The reasoning behind this argument emanates from the fact that if grocery shops run out of supply, each person will be responsible for finding his or her own food. This is why preppers stock food items and other supplies. In addition, finding clean water could also be a big problem and this makes it very necessary to store enough of it. Other important supplies, including first aid supplies could also be problematic to obtain.
-Lack of adequate disaster preparedness on the part of the government
It is a well-known fact no government on earth can adequately take care of all its citizens in times of disaster. This does not mean governments do not prepare for disasters; they actually do, but the sheer scale of certain disasters such as earthquakes makes it impossible for the government agents to reach everyone. For this reason, preppers find it necessary to be well prepared for such kinds of eventualities.
-Economic collapse
There is also a possibility that a country's economy may collapse because of factors beyond the control of governments, including war. For instance, if an event like the Great Depression happens to occur, millions of people could face untold hardships.
Because of the above mentioned reasons, it is good to conclude that preppers have a very valid point of view. This is because disasters can occur when least expected and for this reason, it is important to always remain prepared.


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Sunny Days Girls > Julia > Little Monster Julia T-Shirt
Cute little monster personalized with baby name Julia wears a pink bow and a silly, funny face. Adorable personalized Little Monster Julia gift.
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UCO BANK RTGS HO Branch in BOGMALO - Address, IFSC, MICR Code
UCBA0001913MICR Code
BOGMALO BRANCHContact
UCO BANKBOGMALO BRANCH 403806City
What is IFSC Code of UCO BANK situated at BOGMALO BRANCH- RTGS-HO?
IFSC Code of UCO BANK situated at BOGMALO BRANCH - 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.


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Capri Cavali absolutely loves giving blowjobs and she's great at deep throating the biggest cocks in the world right down to her tonsils. The other night she was out at the bowling alley with some friends for a few quick frames. Capri was getting kind of horny with all the bowling pins and big balls hanging around. Hell, this slut can probably swallow a bowling pin whole. Capri Cavali had to run right home to call her boyfriend and start sucking some cock. You can see just how well she deep throats his huge dick!
See More Of Capri Cavali At Deep Throat Love
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18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
In compliance with United States Code, Title 18, Section 2257, all models, actors, actresses and other persons who appear in any visual depiction of sexually explicit conduct appearing or otherwise contained on this page were over the age of eighteen years at the time of the creation of such depictions.


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"Game Reserves - Phongolo" Top 5 Page for this destination Province of KwaZulu-Natal Things to Do Tip by MikeAtSea
Province of KwaZulu-Natal Things to Do: 89 reviews and 112 photos
Falling from the heights of the Lebombo Mountains down across the Phongolopoort Dam to typical african savannah in the west, this reserve is the oldest proclaimed conservation area in Africa.
Proclaimed on the 13th of June 1894 by President Paul Kruger and reproclaimed in 1903, ostensively to protect declining game numbers, but in reality as a stratagy for the old Transvaal Republic to gain access to the sea, the reserve contains a large number of special ecosystems and habitats. These include the unique veld type called Golela, which is an important Suni antelope breeding habitat.
The species rich Lobombo Mountain forests found in deep moist soils in the south-east facing valleys and slopes on the eastern side of the reserve, and the western savannah with Themeda grassveld dotted with knobthorns and maroela trees.
The area boasts a bird list of over 300 species and a range of plains game including white rhino, giraffe, blue wildebeest, kudu, impala, nyala, warthog, waterbuck, common and mountain reedbuck and zebra. Elephants have just been recently re-introduced!
Directions: The reserve can be reached from the N2 between Pongola and Mkuze. Take the Golela turn-off to Swaziland for 10 kms. At Golela take the road turning right and follow this road to the main entrance gate.
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The Hindu
RTE Act to help state put a stop to donations, interviews
Mumbai Mirror
In December 2005, the Delhi High Court had given a ?final? opportunity to private schools in the capital to devise a system for admission to nursery classes without interviewing them and their parents. Five years ago, the education department issued ...
Posted On Saturday, May 19, 2012 at 08:30:50 AM


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This was the year of the great pitching-prospect shuffle. It was, frankly, the best part of watching forty or so Louisville Bats games. Among the big three — Cody Reed, Robert Stephenson, Amir Garrett — the one who made the biggest impression on me was the one who didn't make it to the majors. I … Continue reading
Tag Archives: Bronson Arroyo
Not-So-Random Thoughts
Our friend Nick is off traveling the world with his lovely wife — and representing Redleg Nation at the Baseball Hall of Fame, as you can see below! His normal Central Intelligence column, written by Greg Dafler, will run later in the day. Until then, enjoy some nonsense from me… Representing @redlegnation at baseball HOF … Continue reading
Reds at Pirates – September 9, 2016
The Reds (57-82) took a loss yesterday at the hands of Ivan Nova and the Pirates (69-69), cementing their third straight losing season. That's a sobering sentence to write, but at least the future is looking up? Kind of? Starting Pitchers Tim Adleman stars for the Reds in the battle of two rookie pitchers. Adleman has … Continue reading
Reds at Cardinals – August 10, 2016
The Reds (46-66) won last night, Raisel Iglesias saved the game, and Brandon Finnegan pitched 6.0 innings of four-run ball. Also, our team has the chance to take a series from the Cardinals (59-54) in St. Louis. Remember back when that was dang near impossible? It's the little things in a rebuild. Starting Pitchers Anthony … Continue reading
The Reds were hoping to leave our nationals capital with a series split with the Washington Nationals. They didn't come close to that. The Reds were crushed 12-1 on Sunday. Stephen Strasburg no-hit the Reds through 6.2 innings, but was mercifully pulled because he was at 109 pitches coming off the DL. Ramon Cabrera saved the Reds … Continue reading
Sammy Ellis – A Meteoric Rise and Fall
Sammy Ellis passed away on Friday, May 13, 2016. Most of the Nation has probably never heard of Sammy Ellis. He only pitched for the Reds from 1963-1967. He's not in the Reds Hall of Fame. But for three pivotal years, Sammy Ellis was an integral part of the Cincinnati Reds as a right-handed starting … Continue reading
Service time, Mike Leake bobbleheads and big decisions
The arrival of the 2010 season generated plenty of excitement for fans of the local ball club. All-Star talent was deployed across the field, from youngsters Joey Votto and Jay Bruce to veterans Scott Rolen and Brandon Phillips. Four-fifths of Dusty Baker's rotation had been settled. Aaron Harang, Johnny Cueto, Bronson Arroyo and Homer Bailey would … Continue reading


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Nature and Science
Plants and Animals
Denali is home to hundreds of species of plants, mosses, lichens, and birds; dozens of species of mammals; and even one species of amphibian!
Plants & Vegetation
Find out how many invasive plant species can be found lurking in Denali and how off-road vehicles may impact vegetation.
Discover where the caribou herds roam, where wildlife is being seen along the park road, and what your chance of viewing a wolf is.
The Ecosystems and Environment of Denali
Aspects of the Natural World
Science and Research


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Finally got the EPS installed in my alto. Now the ride is as smooth as butter. Special thanks to Mr. Hassan on this.
Following are the random pix that i took when everything was open.
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Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264
Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264
IMDB Rating: N/A. Directed: Vikram Kumar. Released Date: 2016. Types: Action,Romance. Movie Stars: Nitin, Nithya Menen, Ajay, Sindhu Tolani, Rohini, Ali. Movie Name: Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264. Movie Quality: 720p HDRip. Movie Size: 943MB.
Story: Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264 begins by the whole of a point of interest where the dead Siva (Ajay) is for rushed to the hospital. His monk (Nagineedu), comes to the dwelling and scolds him for his rogue style and disowns him and says that he will only rejuvenate if Siva changes. It turns unsound that Siva had failed in a comfort affair by the whole of a female offspring named Divya. Three years behind Rahul (Nitin) is a indeed jovial and okay guy who likes to have farce and romp practical jokes. He studies in Delhi and has seldom finished semester exams and heads finance to Hyderabad for daylight savings time where his community lives. Meanwhile Priya (Nithya Menen), a polished and hectic girl, is mended to Hyderabad to bring in her semester exams and rival her brother. Rahul sees Priya at a commercial good setback en route the landing field, yet does not far manage her face. Priya sees Rahul convalescent a caper for a child. She is impressed, for all that she does not win to see his meet face to clash either. But she collects his bewilder abaftwards Rahul loses it interruption recovering the toy. At the landing strip, Rahul plays a satire on Priya trailing he recognizes her by her bracelets and tattoo he borer at the intercourse jam which annoys Priya. While brisk to Hyderabad he falls for her. Unexpected circumstances swat team their aero jet to lot in Goa. There, Rahul support his behavior. Priya recognizes Rahul as the soul who recovered the disport for the youth at the traffic jam after Rahul recognizes his cap. Priya previously starts for friendly by all of Rahul Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264.
Bhaigiri 2016 Hindi Dubbed 720P HDRip ESubs x264
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The This Old House Hour
AUSTIN GREEN REMODEL PROJECT, PART 2Series Website »
Episode Guide »
The crew is busy "deconstructing" the house, as the first truckload of framing material arrives.
CommentsShare your thoughts, questions, and comments on "The This Old House Hour" here.
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Caprial And John's Kitchen: Cooking For Family
PEARS & CHOCOLATE - MATCH MADE IN HEAVENSeries Website »
Episode Guide »
Visit a local pear orchard and learn to prepare Pear Tart with Chocolate Cookie Crust.
CommentsShare your thoughts, questions, and comments on "Caprial And John's Kitchen: Cooking For Family " here.
Vermont PBS educates, informs, entertains and inspires Vermonters to be lifelong learners and engaged in their community.
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- Home/
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Iowa State Cyclones 3x4 Mom DecalITEM: #5710011
please select a size
Hardline Sizes: NA
Slap this Decal on your ride so everyone knows that you cheer for the Cyclones. This Decal features a Iowa State logo with Mom underneath it and will look great on any car. This Decal can also stick on a locker, door, or wall to show off your Cyclones pride. Go Cyclones!


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Sri Lanka Business Database
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Sirisanda Stores
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Sirisanda Stores is a company at Sri Lanka,Address is 116 Galle Road, Colombo 04
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nugg.ad ist Europas grצte Targeting Plattform mit der idealen Lצsung fr Zielgruppen Targeting, Branding Technologie und Data Management. Unsere ...
New Danish website is now live: openadexchange.dk ... Targeted ads from Open AdExchange will provide you with additional earnings on top of your existing ...
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Nugg.Ad has better usage coverage in more websites categories. Including Internet & Telecom, People & Society, Arts & Entertainment, Business & Industry and 175 other categories.
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Nugg.Ad is leading in most countries, including Norway, Bulgaria, France, Germany and 71 other countries.
Open AdExchange hasn't got a lead over Nugg.Ad in any country.


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Take advantage of the mystery and glam of moonstone to add sophisticated polish to all-black, head-to-toe navy or monochrome greige ensembles.
Handcrafted with moonstone, Swarovski crystal and gold plated brass.
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text:
End Mill, HSS, 5/8, 2 FL, dbl Sq End, CC
CLEVELAND| Zoro #: G2014293| Mfr #: 10741
Zoro #: G2014293Mfr. Part #: 10741
$41.30 /ea
Orders over $50.00 ship free. DetailsStandard ground shipping
Technical Specifications
|Zoro #: G2014293 Mfr #: 10741
|End Mill Style: Square
|Finish: Bright
|Dimension Type: Fractional Inch
|Helix Angle: 30 Degrees
|End Mill Material: High Speed Steel
|Item: End Mill
|Number of Flutes: 2
|Grade: General Purpose
|Cutting Direction: Right Hand
|Corner Radius: 0
|End Mill Cutting Type: Center
|Milling Dia.: 5/8"
|Single End/Double End: Double End
|Length of Cut: 1-1/8"
|List Number: HD-2
|Shank Dia.: 5/8"
|Overall Length: 5"
|Country of Origin (subject to change): United States
Product Description
End Mill, Standard, General Purpose, Number of Flutes 2, Double End, Square End Style, Center Cutting Type, Right Hand Cut, High Speed Steel, Bright Finish, Dia 5/8 In, Shank Dia 5/8 In, Length of Cut 1 1/8 In, Overall Length 5 In, Rhc 30 Deg, Rhh 30 Deg


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SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT, 9th and 10th JUDICIAL DISTRICTS New York Supreme and/or Appellate Courts
June 11, 2012
KRISTA BABCOCK AND KENNY BABCOCK,APPELLANTS,v.JAMES W. HORNE,RESPONDENT.
Appeal from a judgment of the City Court of Newburgh, Orange County (Peter M. Kulkin, J.), entered September 22, 2010.
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.
Decided on June 11, 2012
PRESENT: NICOLAI, P.J., LaCAVA and IANNACCI, JJ
The judgment, after an inquest, dismissed the action.
ORDERED that the judgment is modified by providing that plaintiff Krista Babcock is awarded the principal sum of $2,000; as so modified, the judgment is affirmed, without costs.
Plaintiffs commenced this small claims action to recover the principal sum of $5,000 based on a loan agreement. Defendant defaulted in appearing in the action. At the inquest, plaintiff Krista Babcock testified that she had cosigned an automobile loan instrument merely to enable defendant to obtain a loan to purchase an automobile from a third party. She testified further that defendant had defaulted in making the payments due pursuant to the loan instrument and that she had paid the lending bank $2,000 to settle the claim. After the inquest, the City Court dismissed the action.
Upon a review of the record, we find that substantial justice was not done between the parties according to the rules and principles of substantive law (see UCCA 1804, 1807; Ross v Friedman, 269 AD2d 584 [2000]; Williams v Roper, 269 AD2d 125, 126 [2000]). Plaintiff Krista Babcock established that she had paid $2,000 to the lending bank to pay off defendant's automobile loan. As Krista Babcock was an accommodation party, she was entitled to the rights of the creditor upon paying off the loan (see Executive Bank of Ft. Lauderdale v Tighe, 66 AD2d 70, 74 [1978]; see also UCC 3-415 [1]; Long Is. Trust Co. v Merz, 20 Misc 2d 342 [1959]). Consequently, defendant is liable to plaintiff Krista Babcock for the amount she paid to the bank (see UCC 3-415 [5]; Brown v Arcuri, 43 AD2d 993 [1974]).
Accordingly, the judgment is modified by providing that plaintiff Krista Babcock is awarded the principal sum of $2,000. Nicolai, P.J., LaCava and Iannacci, JJ., concur.
Decision Date: June 11, 2012
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Ratings based on 20 Verified Reviews
They paid and stayed. We double-checked.
4.8 Room cleanliness
4.5 Service & staff
4.8 Room comfort
4.6 Hotel condition
Expedia Verified ReviewsThey paid and stayed. We double-checked.
by A verified traveler
Posted Dec 29, 2015 on Hotels
by Laurie from Palatine
Worth the moneyPosted Mar 2, 2015 on Hotels
Hut Pointe was roomy, clean & comfortable. It is literally right next to the road, but we had very little road noise. My biggest compliment is the friendly & accommodating staff. My biggest complaint is that the kitchen is equipped with the barest minimum. We could not even find a can or bottle opener & had to go out & buy one. The location was a few miles outside of Governors Harbor (which we didn't mind, having a car available). Not much around it in the way of restaurants or stores (Pascale's is just a stones throw but thats it).
by Michael from München
Ein Hotel zum Wohlfühlen und EntspannenPosted Apr 11, 2014 on Hotels
Ein toll eingerichtetes, super sauberes, großes Appartment mit heimeliger Atmosphäre zum Entspannen.Punktabzug gab es nur, weil nur vormittags jemand dort erreichbar ist. Wenn man dann aber eine Frage, einen Wunsch hat, wird freundlichst geholfen. Es hat Meerblick, liegt aber leider an der Strasse (wenig befahren) und ist ca. 7 km vom nöchsten größeren Ort entfernt. Der Garten ist wunderschön und sehr gepflegt! Insgesamt eine sehr gute Unterkunft.
by A verified traveler
Great self-catering optionPosted Apr 7, 2014
Pros: Location, gardens, size of the apartment, cleanliness and beach towels!
Cons: It would be ideal if there was a small amount of milk provided in the fridge as coffee is provided.
Location: We were only booked for one night but the Sky Beach Club hotel does great food and drink and you can use the pool.
We stayed at the Hut Pointe Inn for one night whilst visiting Governors Harbour. It was located very close to the Sky Beach Club which was our location for dinner and given that everything is very spaced out on Eleuthera and we didn't have access to a hire car, it was perfect. It would be ideal for a group of people or small family as it is very spacious, clean and two bedrooms with large living area but that wasn't really our personal situation. However, we would totally come back and/or recommend it with a hire car full of food and drink if we were staying for a few days!
by Danielle from Haiger
Top UnterkunftPosted Mar 23, 2014 on Hotels
Ein sehr schönes Hotel. Gut ausgestattet und sauber. Anlage sehr gepflegt in ruhiger Lage, Mitte der Insel. Schon im Vorfeld einen sehr netten Kontakt mit den Eigentümern die immer bereit waren zu helfen. Zum entdecken der Insel ist ein Auto unentbehrlich. Strand in der Nähe mit einem Restaurant. Sehr empfehlenswert.
by Ellyb from New Orleans
Immaculate and comfortable hotelPosted Mar 10, 2014
The hotel is in a good location, close to the airport and easy driving distance to small towns and beaches. The grounds are beautiful and the rooms are refreshingly clean.
by Robert from Brunn
Tolles Hotel in perfekter Lage!Posted Feb 12, 2014 on Hotels
Ein traumhaft schönes Hotel. In sehr guter Lage (Inselmitte). Auch der ca. 5 min. entfernte Strand ist einer der schönsten der Insel. Die ganze Hotelanlage ist sehr geschmackvoll. im speziellen die Zimmereinrichtung.
by A verified traveler
Nice, Clean Hotel, Far from BeachPosted Jan 12, 2014
Pros: Clean. Comfortable beds.
Cons: Have food available on site
Location: Sky beach club is across the way and they have wonderful food and you can use their beach and pool if you buy food or drinks there - which is nice.
Stayed one night. Was anticipating that it was on the deach but it was a hike to the beach. Also, there is no place to get food within easy walking distance. Other than that it was nice and very clean and comfortable.
by Gina from Bahamas
Beautiful and very near the beach.Posted Nov 19, 2013
Pros: It's clean and that's what really matters.
Cons: Water heating. We had to bathe in luke warm water.
Location: Nothing to do that was in the vicinity. Had to drive far, but that's what happens when you're in Eleuthera.
Nice hotel, clean and comfortable.
by Oceanographers from New England
Close to Governor's Harbor, for Work or businessPosted Nov 13, 2013 on Hotels
Hut Point apartments are located in a beautiful old Bahamian building. Convenient between GHB and the town of Governor's Harbor (with shops and services), central on Eleuthera. The apartments are very clean, newly renovated, have a fairly decent equipped kitchen, good internet connection and ample parking. Not a major issue, but the building is close to the road. We did not use this, but beach access across the street at Sky Bahamas is granted when ordering drink/food (there are plenty other beaches, of course).


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Is this restaurant good for dining on a budget?
Is this restaurant good for brunch?
Is this a cafe?
Does this restaurant accept reservations?
Is this restaurant good for lunch?
Is this restaurant good for dinner?
Does this restaurant have tables with seating?
Is this restaurant appropriate for Kids?
Is this a dessert shop?
Is this a fast food place?
Thanks for helping!
3 Days in Kathmandu
Guide to Kathmandu Outdoors
Kathmandu Off the Beaten Path
My boyfriend and I were looking everywhere for a decent shake and this place delivers. We both got the banana-chocolate-coffee shake and it was gone in 2 minutes. Delicious!
Every time I'm in Thamel I make sure to stop at Just Juice 'n Shakes. The menu is the same as it was in 1999 and the smoothies are always a delicious treat.
Coffee-Banana-chocolate shake - my favorite every morning.
The place exists since 20 years, that means a lot.
Its a quirky hole in the wall place on the alley to Acme guesthouse - a friendly old man in the morning makes the best muesli and shake ever and the best - both for not even 2$!!!
Local spot w a great atmosphere. Everyone who goes there loves it. The musli w yogurt, honey, and fruit is amazing. Shakes are also just awesome! Overall great spot. Around 300RPN for two people.
A great place to have breakfast after a trek - good eggs, great combinations of yogurt/fruit/musly - and the prices are good as well.
A nice, quiet, simple place in the middle of touristy Thamel.
Less than friendly staff, unless you're a regular (they start to warm up)..the quality and price of fresh juice, shakes, and smoothies (without milk products) highly overlooks the staff. Just sit, wait, and enjoy! Cheapest, simplest breakfast in town!
Whilst I might have enjoyed the bowl of yoghurt I bought, which was indeed smooth and creamy, I was almost put off by the misreable, supremely gloomy staff who work in there. Not a smile; not a word of welcome. Perhaps this is more poignant for solo visitors. I have visited a few times and expected that on subsequent visits...
After a trek or climb when you are jonesing for a cold drink, this is the place. The shakes and lassies are a welcome treat. The place can be crowded and the service slow, but it is a welcome treat.
Just Juice and Shakes is located down the narrow street opposite The Northfield Cafe, just down from Pilgrims Books, opposite the brilliant Hotel Red Planet. Although only a small place, they sell excellent juices, shakes and smoothies, as well as cheap breakfasts and tea and coffee, mocchaccinos etc. It's a great place to meet friends and other travellers. They have...
As the summer humidity encroaches Kathmandu, it's great having a place to grab a quick, cold shake. I personally favor the banana chocolate flavor and the coffee chocolate. Since a shake or smoothie tends to cost around a dollar, I sometimes go twice in a day. The coffee is only decent; it's the shakes that are the stuff of legends....
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- Home
- Open an Account
- Instruments
- Trade Forex
- Trading Platforms
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The Alliance program was developed to reward our customers, affiliates, and Introducing Brokers for referring new clients to open trading accounts with AAFX Trading. This program is designed to offer a compensation plan for all of our referrers, regardless of your experience level or the number of new clients you bring in.
AAFX Trading has become a leading Forex broker largely through word-of-mouth recommendations from our clients. We are honored to have received such positive feedback from our fellow traders we would like to say thank you. The Alliance program is our way of rewarding you for your willingness to spread the word about AAFX Trading.
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This intimate hotel located on Laem Yai Beach is a perfect choice for those wishing to escape livelier parts of the island.
A romantic and secluded hideaway that will suit honeymooners on the unspoilt west coast of Koh Samui offering peace and tranquillity along with exceptional levels of personal service. Due to it's isolated setting, the hotel offers an optional All-Inclusive plan for extra peace of mind and relaxation.


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Az álláshirdetés lejárt.Aktuális állást talál az aktív állásajánlatok között: új keresés indítása itt
Provider of HR solutions, is looking for a professional for its partner in the following position:
Senior GL & Reporting Manager
- Build a new GL team and BSO culture, including developing the GL team of employees and leaders;
- Leading a high-performing, customer- and service oriented culture within the GL department;
- Leading optimisation initiatives across functional areas;
- Leading performance management within team;
- Implement and optimise functional processes within department scope;
- Actively taking part in creating a culture that inspires to collaboration, encourage knowledge sharing and incorporates exciting "New Ways of Working" in the everyday;
- Building and strengthening basic stakeholder relations across areas and geographies including collaboration and culture (incl. Business Controllers, Treasury, CRBC, Tax);
- Leading high-quality execution of advanced GL processes in a timely, efficient and accurate manner, including:
- Monthly closing - Review distribution expenses, cost of goods sold and gross profit margins for reasonableness;
- Booking economic transactions and operations;
- Reconciliations (accounts, intercompany, bank, etc.) to ensure all accounts are properly stated in Legal books;
- Provide data, analysis and advice necessary to support financial business partners / business in decision making process.
- Finance or accounting degree;
- CPA/ACCA is an advantage;
- Registered Chartered Accountant degree is a must;
- Minimum 7 years of professional experiences within the field of GL;
- Minimum 5 years of managerial experience from similar position in a Business Service Operations / Shared Service Center, demonstrating experience from leading larger teams;
- Fluency in English and Hungarian;
- Microsoft Office and SAP experience at advanced level;
- Strategic view;
- Ambitious, charismatic, inspiring, visionary and evolutionary personality.
Place of work:
Czech Republic, next to Prague
|Munkavégzés helye
|Pénzügy / Számvitel / Kontrolling, Szervezés / Menedzsment / Cégvezetés
|Minimális tapasztalat
|Több mint 5 év
|Szükséges iskolai végzettség
|Főiskolai végzettség
|Munkaidő tipusa
|Teljes munkaidő
|Budapest, Baranya, Békés, Nógrád, ... Tolna, Somogy, Bács-Kiskun, Borsod-Abaúj-Zemplén, Csongrád, Fejér, Győr-Moson-Sopron, Hajdú-Bihar, Heves, Jász-Nagykun-Szolnok, Komárom-Esztergom, Pest, Szabolcs-Szatmár-Bereg, Vas, Veszprém, Zala, Külföld


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- Product Details
Your Mum will adore opening her present on Mother's Day when this Engraved Wooden Mother's Day Cheese Board Set is hidden inside.
Crafted from only the highest quality sustainable wood, this is an original Mother's Day present that she will adore.
And to keep the surprises coming, lift the lid and you will find four coordinating cheese knives and forks hidden inside, ready to enjoy a slice of what she fancies.
Underneath our "Happy Mother's Day" fixed text, we have included 4 lines of 25 characters for your own personal words.
All of which will be professionally engraved to ensure a quality that meets even your Mums exacting standards.
She may be picky, but if your Mum could choose her own present, we are sure she'd pick this.
So give her a personalised Cheese Board set and remind her just how special she is.
Measures approx. 22cm x 4cm
- Delivery & Returns
We are aware of how important it is for you to receive your gifts in time. Therefore, once you place your order we will process straight away and dispatch as soon as they are ready to go. We usually dispatch all items within 1-3 days however, this may be a little longer during special occasions such as Christmas. If multiple items ordered, we may dispatch items separately or all together, depending on the process.
Hassle Free Returns Policy:
We're sure that you will be satisfied with your purchase and we also understand that sometimes you may want to return. We keep this process simple! Just contact us if you wish to return goods. Please note: personalised, made-to-order and perishable items are non-refundable.
- Ask a Question
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Question about: Engraved Wooden Mother's Day Cheese Board SetPlease do not include or disclose any sensitive personal information, password or credit card information in your message. Your personal security is extremely important to us.No questions yet. Be the first to ask the question!


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Wild Rice-Chicken Casserole
Total Time
Prep 20 mins
Cook 40 mins
Easy and tasty rice and chicken dish for that leftover chicken or turkey. There is never any leftovers.
Ingredients Nutrition
- 1 (6 ounce) package long grain and wild rice blend
- 1⁄2 cup chopped onion
- 1⁄2 cup chopped celery
- 2 teaspoons butter or 2 teaspoons margarine
- 1 (10 ounce) can cream of mushroom soup
- 1⁄2 cup sour cream
- 1⁄3 cup dry white wine
- 1⁄2 teaspoon curry powder
- 2 cups cubed, cooked chicken or 2 cups turkey
- Prepare rice mix according to package directions.
- While rice is cooking, cook onion and celery in butter until tender.
- Stir in soup, sour cream, wine, and curry.
- Stir in chicken and cooked rice.
- Turn into a 2 quart casserole or a 12x7x2 inch baking dish.
- Bake, uncovered, in a 350 degree oven for 35 to 40 minutes.
- Stir before serving.
Most Helpful
This was a very good chicken and rice casserole -- even though I forgot to add the curry. The wine lends a nice flavor. I also added water chestnuts -- I love the crunch they give to a casserole. Next time I may also add chopped fresh mushrooms to saute with the onion and celery. And I will remember the curry! This was a great casserole!
We loved this recipe..I did not have the wine so used water..I do not know if I changed the flavor if I did we still liked it. Thank You for yet another recipe we will make over and over. We love the curry.
YUMMY! I didn't use curry bc I don't like it, substituted Golden Mushroom for plain mushroom soup, used shredded chicken. I think it would be good with some cheese too. Very much a comfort food!


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Get 3% back when you shop at Inmod
Earn rewards when you review or share
In the 1950s, architect and designer Eero Saarinen set forth a goal, to create new meaning and visual appeal to chairs and tables, through sculpting concepts and techniques. He set out to resolve the confusing nature created by the underside of typical chairs and tables and the void they created in an increasingly unrestful world. The Tulip Chair, originally designed as part of his famous pedestal collection in 1956 was truly a functional work of art. It featured a sculptural continuous seat and back which rested on a curved tapered base that became a key character trait of the pedestal series. This inspired commercial-grade reproduction features a fiberglass seat and base, and a removable upholstered fabric seat for added comfort.


text:
Historic Grimoires
- The Emerald Tablet of Hermes
- The Lemegeton, The Lesser Key of Solomon
Theurgia Goetia, Book II of the Lemegeton [PDF]
Ars Paulina, Book III of the Lemegeton [PDF]
Ars Almadel, Book IV of the Lemegeton [PDF]
Ars Nova, Book V of the Lemegeton [PDF]
- The Grimoire of Pope Honorius
"The Magician" translated from French of Levi and Latin of Honorius; Aleister Crowley
- The Book of the Sacred Magic of Abramelin the Mage (PDF:Book 1,Book 2,Book 3) trans. by S.L.MacGregor Mathers
Late Modern Period
- Dogme et rituel de la haute magie, Eliphas Levi, trans. A E Waite [PDF: Part I, Part II]
- The Book of the Goetia of Solomon the King, Frater D.D.C.F.(S L MacGregor Mathers) and Aleister Crowley [HTML, PDF]
Initiated Interpretation of Ceremonial Magic by Aleister Crowley (Introductory essay in Goetia)
- The Zoëtic Grimoire of Zos by Austin Osman Spare
Modern Works
Search the Hermetic Library
External References
- Grimoire Encyclopædia "is a collection of linked pieces of information about grimoires, focusing (with some distraction), on early modern Western European texts from the Christian tradition. The goal is to look at the connections and relationships within the metadata and subject matter of these grimoires, and attempt to collect factual information about their provenance and historical context."
- The Study of Solomonic Magic in English by Don Karr [PDF]
- Ars Obscura
- Fulgur Ltd
- Mandrake of Oxford
- Ouroboros Press
- Scarlet Imprint
- Three Hands Press
- Grimoires at the Internet Sacred Texts Archive
- Twilit Grotto: Archives of Western Esoterica
- Grimoires: A History of Magic Books by Owen Davies
- The Grimoire of Aleister Crowley by Rodney Orpheus
- The Magic Circle in the Grimoire Tradition by William Kiesel


text:
Le Party
Release Date: January 1st, 1990
Not Yet Rated|1 hr. 43 min.
Plot Summary
Musicians, magicians, strippers and comics meet convicts during a one-night show in a Canadian prison.
Cast: Lou Babin, Julien Poulin, Charlotte Laurier, Alexis Martin, Luc Proulx, Michel Forget, Pierre Powers, Louise Laprade
Director: Pierre Falardeau
Genres: Drama


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Check out Elizabeth Hurley shrugging off those Bill Clinton affair allegations made by her ex Tom Sizemore.
The 48-year-old Brit actress and model denied the rumours and refused to let them stop her pulling out all the sartorial stops for The Portrait Gala 2014 on Tuesday night.
That's right. The Duchess of Cambridge wasn't the only one doing floor-length elegance for the gala.
Liz opted for a gold halter-style gown and a fabulous winter-white fur shrug. Very Marilyn Monroe does Hollywood glamour. In London.
Bravo that lady. That's exactly how to do "I'm seriously not phased, I'm just fabulous" in a bad press situ.
Take a look through this gallery to see more looks from Liz in the limelight...
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text:
Activities to learn about Japan
Origami is the art of paper folding. In fact the Japanese word origami translates literally to "to fold paper". Paper was introduced to Japan from China in the 6th century and it is thought that origami either accompanied the importation of paper technology, or was created shortly after. The designs created by folding paper can be extremely intricate indeed and can be used with any type of paper. Try using different types of paper from your recycling bin for interesting textures and colours. This is a great way to re-use before recycling!
Check out this site for excellent directions on making a paper crane – an origami creation that is thought to be very lucky – especially if you make 1000 of them!
This origami page has directions for origami projects.
Enchanted Learning also lists a few simple origami projects including a jumping frog, a butterfly and a whale.
Haiku dates back hundreds of years in Japan and is a contemplative yet very succinct verse relating a seasonal moment. It is still a popular art form in Japan and is gaining followers around the world.
Containing only 17 syllables broken into 3 lines (5 syllables, 7 syllables, 5 syllables), haiku poetry has been compared to a photograph of nature.
Try writing haiku poems to celebrate nature or explore your environment further. This is a great activity to do while sitting outside and feeling immersed in nature, or, if it's a little too cold out, while watching nature from a warm vantage point.
Here are some examples of famous Japanese haikus; because they have been translated, they do not necessarily follow the traditional syllable form. They do, however, present very clear and beautiful images of the moment in a very concise manner.
Won't you come and see
loneliness? Just one leaf
from the kiri tree.
– by Matsuo Basho (1644-1694)
A giant firefly:
that way, this way, that way, this –
and it passes by.
– by Issa. (1762-1826).
The crow has flown away:
swaying in the evening sun,
a leafless tree.
– by Soseki Natsume (1867-1916)
Examples created in English that do follow the traditional verse form:
A tree sighs, lets go –
the last leaf slips to the ground.
Cold, alone, waiting.
Quick mother squirrel
Flick of the tail – up tree, down
nut taken, babe fed


text: As a freelance industry writer, I synthesize and provide opinions on topics relating to Structured Finance, Risk and Regulatory Reform. I am a former Rating Agency Analyst and a certified Financial Risk Manager (FRM). My rating agency experience focused primarily on Structured Finance-Derivatives market. Prior to this, I worked for a CDO asset manager.