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CyberLink PowerDVD Ultra 14.0.4704.58 RePack by KpoJIuK | 142MB
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Language: Russian, English and other Treatment: not required
System requirements:
Microsoft Windows 8, Windows 7, Vista and XP SP3 * (Windows XP SP3 is required)
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Description: CyberLink PowerDVD - one of the most powerful at the moment software players, allowing you to view DVD-Video and Video-CD on your computer. The main advantages of this player can be called a high image quality, user-friendly interface with the ability to change skins and easy setup. In addition to watching movies from the CD-ROM drive (DVD and Video-CD), PowerDVD can play files formats supported by Windows Media Player, and MPEG1 and MPEG2. The application also has the functions of frame capture file formats including BMP, repeat station records, adjust the display settings, remembering when to stop, support for mouse scroll wheel, and many other features. With Movie Collection, will be able to create your own catalog your movie collection, holding reviews, personal notes, information on the cover of the film, as well as share these data with other users through the service MoovieLive.
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Treatment: done [DVT]
Cut: folder OLRSbmission
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30696 County 30, Laporte, MN 56461
About the Listing
Set on a 35+ acre parcel this unique property has endless opportunities and is a must see! Expansive home could be divided or holds potential for a perfect Bed & Breakfast. Hardwood floors, 2 kitchens, 3 dining areas, 3 separate living areas! Breakfast nook leads to covered back porch. Master balcony, whirlpool tub, hot tub and sauna. Htd insulated pole shed, potters shed and separate 18 x 20 auxiliary shed. Addl 75 acres avail.
Share Listing
Property Details for 30696 County 30, Laporte, MN 56461
Bedrooms: 6
Bathrooms: 2 Full | 4 Three-Qtr
Lot Size: 33.94 Acres
Lot Dimensions: 512x2627x534x2670
Year Built: 1925
Garage Dimensions: 16 car
Garage: Attached Garage, Insulated Garage, Heated Garage, Driveway - Asphalt, Garage Door Opener
Style: (SF) Four or More Level Split
Water: Well
Sewer: Private
Square Feet: 4582
Above Ground Sq Ft: 4582
Room Information for 30696 County 30, Laporte, MN 56461
Main Floor
Living Room: 15x15
Dining Room: 16x18
Kitchen: 13x12
Bedroom 2: 13x16
Bedroom 3: 11x12
Bedroom 4: 12x13
Informal Dining Room: 10x10
Foyer: 13x19
Den: 12x19
Upper Floor
Family Room: 27x25
Bedroom 1: 13x16
Fifth (5th) Bedroom: 11x15
Sixth (6th) Bedroom: 11x18
Second Kitchen: 12x13
Dining Room Description: Separate/Formal Dining Room, Informal Dining Room, Breakfast Area
Family Room Characteristics: Great Room, Family Room
School Information for 30696 County 30, Laporte, MN 56461
School District: Laporte
School District Phone: 218-224-2288
Interior Features for 30696 County 30, Laporte, MN 56461
Appliances: Range, Indoor Grill, Microwave, Dishwasher, Refrigerator, Washer, Dryer
Air Cond: Central, Wall
Heating: Forced Air, Baseboard, Hot Water, Fireplace
Fireplaces: Yes
Basement: Partial, Sump Pump, Poured Concrete
Exterior Features for 30696 County 30, Laporte, MN 56461
Lot Dimensions: 512x2627x534x2670
Roof: Asphalt Shingles, Pitched
Zoning: Residential-Single
Additional Exterior/Lot Features: Vinyl
Financial Considerations for 30696 County 30, Laporte, MN 56461
Tax Amount: $1,902
Taxes w/Assessments: $3,488
Tax/Property ID: 191500400
Tax Year: 2015
Monthly Payment = $0
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Similar Listings For Sale
The data relating to real estate for sale on this web site comes in part from the Broker Reciprocity Program of the Regional Multiple Listing Service of Minnesota, Inc. Real estate listings held by brokerage firms other than the owner of this website are marked with the Broker Reciprocity logo or the Broker Reciprocity thumbnail logo and detailed information about them includes the name of the listing brokers.

subset: commoncrawl


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I have a good time experince with this business Good facilities , good price but can be better , Good work
Jason went out of his way on a friday night and saved a promotions lot of tees for us when no-one else would. The quality of the product was great and he turned it around in record time with very little notice. Highly recommended.
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Carramar, NSW
Women's t-shirt
20 - 50
Text will be on front and back, the shirt colour will be black, with pink and white writting, a picture will be at the front of the shirt. I would like a quote for both embroidery and printing on? ...Make a similar request


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White long sleeved t-shirt with double line applique, raw edges and double sleeve detail, from cool Israeli urban kids' fashion brand Nununu.
This white long sleeved t-shirt is brilliantly bold. Featuring two large black jersey appliqued panels with raw edges, and cut unfinished hems on the neck, waist and shorter sleeves. Pair it with leggings, joggers or a skirt for a strong monochrome look.
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Most of our brands use European sizing, which refers to the height of the child. For the best fit, please grab a tape measure and use your child's height, rather than their age.
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Soft long-sleeved organic cotton kids' t-shirt with a playful 'wandering desk' placement print, from cool Spanish fashion brand Bobo Choses. A relaxed children's tee, in warm grey, from Bobo Choses' How to Disappear...
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Red Gucci Eel & Kangaroo Fur Slingback "Arielle" Pumps
Have questions? Or looking for something specific?
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Crude oil prices began to fall in 2013. Now there is the fear that oil prices are almost down to production cost. What does this portend for
Did you foresee this situation? What is more important is the failure of our planning agencies and the so-called Ministry of National Planning. They went about doing the NEEDS, SEEDS and LEEDs and failed to do a forecast of the oil price fall. We didn't need all this. The most important forecast we needed was the dynamics affecting the international prices of crude oil. Also in complete failure were the offices of the Chief Economic Adviser, Minister of Finance. All of them failed to study and predict the trend. Another fundamental issue is since 1999, there is what we call Excess Crude Account, that is the difference between the budget benchmark and what was sold above the benchmark. That difference in the past 15 years should have been used to cushion the difference. The plus then should have been equal to the minus now. That money cannot be found. Our government should have been responsible enough to invest the excess crude funds in the past 16 years to cushion the effects of the fall in prices. If it was invested, we wouldn't be lamenting today. What immediate steps should government take to keep afloat? There is a mistake when we say immediate steps. Government should be proactive, not reactive. There should be long term planning. We shouldn't hastily react to the sharp drop because if we react spontaneously we will repeat the same mistakes, just because the price of crude oil has dropped. If it goes back to $100 per barrel, we will go back to our old way of life. What we need to do is to evolve a new strategic approach, not to react to the current trends. Good governance is the way to go. You can't diversify the economy without good governance. Diversification cannot succeed without good governance. They are one and the same thing.
DISCLOSURE: The views and opinions expressed in this article are those of the authors, and do not represent the views of equities.com. Readers should not consider statements made by the author as formal recommendations and should consult their financial advisor before making any investment decisions. To read our full disclosure, please go to: http://www.equities.com/disclaimer
E&Ps Locking in Cash Flows and Sales Prices OPEC's agreement to cut production levels has kicked off a rush among shale oil companies to hedge their oil price risk above $50 for 2017 and 2018. The number of E&Ps selling oil for delivery next year has pushed the WTI forward curve into slight backwardation after two years of contango. Compare[Read More…]


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Bath & Body Works Oahu Coconut Sunset Shower Gel Reviews
- Other Bath Soaps & Scrubs:
- Average: 4.4
- High: 5.0
- Type:
- Body Wash
- Brand:
- Bath & Body Works
Read 1 Review
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Reviewed by 1 customer
Comments about Bath & Body Works Oahu Coconut Sunset Shower Gel:
The smells of molten amber and coconut drive me wild! The amber to me smells almost like a mixture of caramel and butter rum, the coconut is definitely there. The monoi and kinoi oils make this smell especially delicious and tempting. I love the smell of coconut but if you do not you definitely will stray away. This is my favorite out of the Aloha Hawaii scent and I've definitely stocked up just in case it does not revisit the shelves next year.
Lathers very well, and scent stays. The oils in the gel help it to keep bubbling and give you a fun and enjoyable shower.
Same as description above. The power is just as strong as when you open the bottle.


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Is this attraction suitable for all ages?
Is this attraction pet friendly?
Would this be a good sunny day activity?
Would this be a good hot day activity?
Would this be a good cold day activity?
Is this an outdoor attraction or activity?
Is this attraction good for couples?
Is this attraction a "must-see" location?
Does this attraction require above average amounts of physical activity (long walks, climbs, stairs or hikes)?
Is this attraction suitable for adults only?
Thanks for helping!
Not a very big museum but has alot of information and history in a small place. It's worth it to watch the 15 minute video at the beginning. Overall it's a good place to visit if...
read more
Not a very big museum but has alot of information and history in a small place. It's worth it to watch the 15 minute video at the beginning. Overall it's a good place to visit if you live in the area.
I wasn't expecting a lot from this museum, but was surprised by how well the information is presented and the quality of the exhibits. I learned a lot about the pony express and really enjoyed going through the musuem.
Excellent displays about Pony Express history. Also some early history of St. Joseph. Many things for kid interaction. Brings history alive for kids.
We stopped just to see the original stables used at the start of the Pony Express in 1860. Interesting museum worth a few minutes.
They've done a GREAT job telling the story of the Pony Express! And the guides are out of this world awesome!!!
Good museum describing the history of the Pony Express. The museum had interactive exhibits suitable for elementary-age students. They also displayed artifacts and cancelled envelopes from the era. The movie was very informative. Nice way to spend an hour or two while in the area. Admission is $6/pp.
We were in St. Joseph on our way to Ft Leavenworth, Ks. This museum was recommended to us as very interesting. We started with a short film documenting the history of how and why the Pony Express was needed. The rest of the museum had dioramas of the actual history with artifacts that were from actual Pony Express riders or...
It was interesting to learn about the Pony Express. Amazing how they delivered the mail back then and did the best they can and nowadays you never know if it will be delivered on time. We enjoyed it.
There is a 2 for 1 coupon in the St. Joseph travel guide for adults. Seems crazy that there are so many local museums that have their own admissions. They need to get together into some sort of association.
Start this very good museum with a 15-minute looped movie and then see where the Pony Express started--right here from the...
The museum was informative and interactive. It was very interesting. Both of my 12 year olds enjoyed it as did I.
Own or manage this property? Claim your listing for free to respond to reviews, update your profile and much more.
We are planning a trip to St Joseph on February 16th and would like to know the hours for the Pony Express Museum.
Thank you
See all questions


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The Meaning of LOLROTF
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WTA Bogota, Echeverria Alam – Arruabarrena, Monday,
Short Preview
Arruabarrena could have problems with physics compare with it opponent – last days they played more matches than their opponents.
Recently, the team did not play each other.
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Watch P2P (SopCast, StreamT) and external links
There is no Live Video on this page – try to find a match in Live Streaming Widget
There is no Highlights on this page – try to find a match in Live Score
Last Teams Results
|06.04.16 Angelique Kerber – Lara Arruabarrena-Vecino – 2:1
04.04.16 Shelby Rogers – Lara Arruabarrena-Vecino – 1:2
03.04.16 Madison Brengle – Lara Arruabarrena-Vecino – 2:1
03.04.16 Lara Arruabarrena-Vecino – Maria Sakkari – 2:0


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GSA08 - Generation Series Air Palm Orbital Sander 150mm
Supplier: Jack Sealey Ltd | Brand: SEALEY | Product: GSA08
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"CFG2ML" coming from Munich (MUC/EDDM) with some FC Bayern München fans on board to see the match against Benfica for the UEFA Champions League quarter final in Estádio da Luz.
great spotting site at Tenerife Sur Airport
Rotation from runway 23L departing to Tenerife
II Open Day LPA. In memory Tomás Asensio.


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May 1, 2013
RODNEY WIGGINS, PLAINTIFF,v.SUFFOLK COUNTY CORRECTIONAL FACILITY, SHERIFF VINCENT DEMARCO, NANCY W. R.N. #252, ANDREW LETO #850, DANIELLE BROUARD #1240, AND THE SUFFOLK COUNTY CORRECTIONAL FACILITY MEDICAL UNIT, DEFENDANTS.
On January 28, 2013, incarcerated pro se plaintiff Rodney Wiggins ("Plaintiff") filed a pro se Complaint in this Court pursuant to 42 U.S.C. § 1983 ("Section 1983") against the Suffolk County Correctional Facility ("SCCF" or "the Jail"), Christopher Garzabas #170 ("Garzabas"), Kenny #1150 ("Kenny"), Newman #1115 ("Newman") Kettenbeil #830 ("Kettenbeil"), Sheriff Vincent F. DeMarco ("Sheriff DeMarco") and a "John Doe" (collectively, "Defendants") along with an incomplete application to proceed in forma pauperis (Docket Entry #2). Accordingly, on January 31, 2013, the Court sent Plaintiff a Notice of Deficiency that advised Plaintiff that he must either pay the $350.00 filing fee or complete and return the enclosed in forma pauperis application if he wanted to proceed with his case.
On February 6, 2013, Plaintiff filed an application to proceed in forma pauperis. While that application was pending, on February 28, 2013, Plaintiff filed an Amended Complaint purporting to allege claims only against the SCCF, Sheriff DeMarco, the SCCF Medical Unit, R.N. Nancy W, #252 ("R.N. Nancy W."), Andrew Leto, #850 ("C.O. Leto"), and Danielle Brouard, # 1240 ("C.O. Brouard"). Upon review of the declaration in support of the application to proceed in forma pauperis, the Court determines that the Plaintiff's financial status qualifies him to commence this action without prepayment of the $350.00 filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED. However, for the reasons that follow, the Amended Complaint is sua sponte dismissed in part.
Plaintiff's brief, handwritten Amended Complaint submitted on the Court's Section 1983 amended complaint form is difficult to comprehend. As the Court can best discern, Plaintiff alleges that, on February 7, 2012, he was having chest pains and had a swollen, infected finger. Compl. at ¶ IV. He was allegedly "sent down by the sgt. that was on to medical" where Plaintiff was seen by Defendant R.N. Nancy W. Id. Plaintiff claims that R.N. Nancy W is a "rude, nasty disrespectful lady" and alleges that she did "nothing" to treat his medical condition. Plaintiff claims that R.N. Nancy W. did not take his blood pressure or perform any of the "proper procedures." Id. Plaintiff describes that he asked her for her name so he could fill out a grievance against her at which time Plaintiff was allegedly grabbed by C.O.s Brouard and Leto who are alleged to have assaulted Plaintiff. Compl. at ¶¶ IV, V. According to the Amended Complaint, these C.O.s smashed Plaintiff's head into the wall while Plaintiff was fully restrained and then threw Plaintiff on the floor and stomped, kicked, and punched Plaintiff. Id. Plaintiff further alleges that he was choked with a strap and juice was poured over his head. Id.
As a result, Plaintiff claims that his neck hurts and that he has shortness of breath. Compl. at ¶ IV.A. Plaintiff also claims that his head, back, and legs hurt and that he did not get medical treatment for his injuries. Id. Plaintiff seeks to recover compensatory and punitive damages in the total sum of five million dollars ($5,000,000.00).
In Forma Pauperis Application
Upon review of Plaintiff's declaration in support of his application to proceed in forma pauperis, the Court determines that Plaintiff's financial status qualifies him to commence this action without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1).
Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED.
II. Application of 28 U.S.C. § 1915
Section 1915 of Title 28 requires a district court to
dismiss an in forma pauperis complaint if the action is frivolous or malicious, fails to state a claim on which relief may be granted, or seeks monetary relief against a defendant who is immune from such relief. See 28 U.S.C. §§ 1915(e)(2)(B)(i-iii), 1915A(b). The Court is required to dismiss the action as soon as it makes such a determination. See id.
Courts are obliged to construe the pleadings of a pro se plaintiff liberally. Sealed Plaintiff v.
Sealed Defendant, 537 F.3d 185, 191 (2d Cir. 2008); McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004). Moreover, at the pleadings stage of the proceeding, the Court must assume the truth of "all well-pleaded, nonconclusory factual allegations" in the complaint. Kiobel v. Royal Dutch Petroleum Co., 621 F.3d 111, 123 (2d Cir. 2010) (citing Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 1949--50, 173 L. Ed. 2d 868 (2009). However, a complaint must plead sufficient facts to "state a claim to relief that is plausible on its face." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570 127 S. Ct. 1955, 1974, 167 L. Ed. 2d 929 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Iqbal, 556 U.S. at 679 (citations omitted). The plausibility standard requires "more than a sheer possibility that defendant has acted unlawfully." Ashcroft, 556 U.S. at 678; accord Wilson v. Merrill Lynch & Co., Inc., 671 F.3d 120, 128 (2d Cir. 2011). While "detailed factual allegations" are not required, "[a] pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.'" Id. (quoting Twombly, 550 U.S. at 555).
III. Section 1983
Section 1983 provides that
[e]very person who, under color of any statute, ordinance, regulation, custom, or usage, of any State . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured. 42 U.S.C. § 1983; Rehberg v. Paulk, --- U.S. ----, 132 S. Ct. 1497, 1501--02, 182 L. Ed. 2d 593 (2012). To state a claim under Section 1983, a plaintiff must "'allege that (1) the challenged conduct was attributable at least in part to a person who was acting under color of state law and (2) the conduct deprived the plaintiff of a right guaranteed under the Constitution of the United States.'" Rae v. Cnty. of Suffolk, 693 F. Supp. 2d 217, 223 (E.D.N.Y. 2010) (quoting Snider v. Dylag, 188 F.3d 51, 53 (2d Cir. 1999)).
In addition, in order to state a claim for relief under Section 1983 against an individual defendant, a plaintiff must allege the personal involvement of the defendant in the alleged constitutional deprivation. Farid v. Elle, 593 F.3d 233, 249 (2d Cir. 2010). The Supreme Court held in Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 1948, 173 L. Ed. 2d 868 (2009) that "[b]ecause vicarious liability is inapplicable to . . . [section] 1983 suits, a plaintiff must plead that each Government-official defendant, through the official's own individual actions, has violated the Constitution." Id. Thus, a plaintiff asserting a Section 1983 claim against a supervisory official in his individual capacity must sufficiently plead that the supervisor was personally involved in the constitutional deprivation. Rivera v. Fischer, 655 F. Supp. 2d 235, 237 (W.D.N.Y. 2009). A complaint based upon a violation under Section 1983 that does not allege the personal involvement of a defendant fails as a matter of law. See Johnson v. Barney, 360 F. Appx. 199 (2d Cir. Jan. 12, 2010). With these standards in mind, the Court considers the Plaintiff's claims.
A. Defendant DeMarco
Although Plaintiff names DeMarco as a Defendant, there are no factual allegations concerning him nor is he even mentioned in the body of the Complaint. Given that DeMarco is the Suffolk County Sheriff, it appears Plaintiff seeks to hold this Defendant liable solely because of the supervisory position he holds. As set forth above, a plausible Section 1983 claim must allege the personal involvement of the defendant in the alleged constitutional violation. See supra at 5-6. Similarly, a plaintiff asserting a Section 1983 claim against a supervisory official in his individual capacity must sufficiently plead that the supervisor was personally involved in the constitutional deprivation. Rivera v. Fischer, 655 F. Supp. 2d at 237; see also Warren v. Goord, 476 F. Supp. 2d 407, 413 (S.D.N.Y 2007), aff'd., 368 F. App'x 161 (2d Cir. 2010) ("It is well settled in this Circuit that 'personal involvement of defendants in alleged constitutional deprivations is a prerequisite to an award of damages under § 1983.'") (quoting Colon v. Coughlin,
58 F.3d 865, 873 (2d Cir. 1995)). A supervisor cannot be liable for damage under Section 1983 solely by virtue of being a supervisor because there is no respondeat superior liability under Section 1983. Richardson v. Goord, 347 F.3d 431, 435 (2d Cir. 2003).
Here, Plaintiff's Complaint does not include any factual allegations sufficient to demonstrate any personal involvement by Defendant DeMarco much less any facts from which the Court could liberally construe the deprivation of Plaintiff's constitutional rights by Defendant DeMarco. Accordingly, the Section 1983 claim asserted against DeMarco is not plausible and is dismissed without prejudice pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A.
B. Claim Against the SCCF and SCCF Medical Unit Though Plaintiff names the SCCF and the SCCF Medical Unit as defendants, they do not have independent legal identities apart from Suffolk County and, thus, lack the legal capacity to be sued. "[U]nder New York law, departments that are merely administrative arms of a municipality do not have a legal identity separate and apart from the municipality and therefore, cannot sue or be sued." Davis v. Lynbrook Police Dep't, 224 F. Supp. 2d 463, 477 (E.D.N.Y. 2002); see also In re Dayton, 786 F. Supp. 2d 809, 818 (S.D.N.Y. 2011); Hawkins v. Nassau Cnty. Corr. Facility, 781 F. Supp. 2d 107, 109 at n. 1 (E.D.N.Y. 2011).
Here, because the SCCF and the SCCF Medical Unit are administrative arms of Suffolk County, without independent legal identities, they lack the capacity to be sued. Accordingly, Plaintiff's Section 1983 claims against the SCCF and the SCCF Medical Unit are not plausible and are dismissed pursuant to 28 U.S.C. §§ 1915(e)(2)(B) and 1915A. However, given Plaintiff's pro se status, the Court next considers whether Plaintiff has alleged a plausible claim against the County of Suffolk.
C. Claim Against the County of Suffolk
It is well-established that a municipality such Suffolk
County cannot be held liable under § 1983 on a respondeat superior theory. See Monell v. Dep't of Soc. Servs. of City of N.Y., 436 U.S. 658, 691, 98 S. Ct. 2018, 56 L. Ed. 2d 611 (1978); Roe v. City of Waterbury, 542 F.3d 31, 36 (2d Cir. 2008). To prevail on a Section 1983 claim against a municipality, a plaintiff must show "that 'action pursuant to official municipal policy' caused the alleged constitutional injury." Cash v. County of Erie, 654 F.3d 324, 333 (2d Cir. 2011), cert. denied, ------ U.S. --------, 132 S. Ct. 1741, 182 L. Ed. 2d 528 (2012) (quoting Connick v. Thompson, ------ U.S. --------, 131 S. Ct. 1350, 1359, 179 L. Ed. 2d 417 (2011)); see also Monell, 436 U.S. at 690--91, 98 S. Ct. 2018, 56 L. Ed. 2d 611. "Local governing bodies . . . may be sued for constitutional deprivations pursuant to governmental 'custom' even though such a custom has not received formal approval through the body's official decisionmaking channels." Monell, 436 U.S. at 690--691 (citations omitted).
To establish the existence of a municipal policy or custom, the plaintiff must allege: (1) the existence of a formal policy which is officially endorsed by the municipality, see Connick, 131 S. Ct. at 1359; (2) actions taken or decisions made by municipal policymaking officials, i.e., officials with final decision making authority, which caused the alleged violation of plaintiff's civil rights, see Amnesty America v. Town of West Hartford, 361 F.3d 113, 126 (2d Cir. 2004); Jeffes v. Barnes, 208 F.3d 49, 57 (2d Cir. 2000); (3) a practice "so persistent and widespread as to practically have the force of law," Connick, 131 S. Ct. at 1359; see also Green v. City of New York, 465 F.3d 65, 80 (2d Cir. 2006), or that "was so manifest as to imply the constructive acquiescence of senior policy-making officials," Patterson v. Cnty. of Oneida, N.Y., 375 F.3d 206, 226 (2d Cir. 2004) (quotations and citations omitted); or (4) that "a policymaking official exhibit[ed] deliberate indifference to constitutional deprivations caused by subordinates," Cash, 654 F.3d at 334 (quotations and citations omitted); see also Okin v. Village of Cornwall--on--Hudson Police Dep't, 577 F.3d 415, 439 (2d Cir. 2009) (holding that a municipal custom may be found when "faced with a pattern of misconduct, [the municipality] does nothing, compelling the conclusion that [it] has acquiesced in or tacitly authorized its subordinates' unlawful actions." (quotations and citations omitted), i.e., "a local government's decision not to train certain employees about their legal duty to avoid violating citizens' rights . . . amount[ing] to deliberate indifference to the rights of persons with whom the untrained employees come into contact," Connick, 131 S. Ct. at 1359 (quotations, alterations and citations omitted), or a policymaking official's failure to investigate or rectify a potentially serious problem of unconstitutional conduct of which he or she had notice, evidencing deliberate indifference, "rather than mere negligence or bureaucratic inaction," Amnesty America, 361 F.3d at 128.
Here, wholly absent from the Complaint are any allegations that, given a liberal construction, would support a plausible Section 1983 cause of action against Suffolk County.
B. Defendants R.N. Nancy W and COs Brouard and Leto
Affording the pro se Complaint a liberal construction, Plaintiff's Section 1983 claims against these individual Defendants shall proceed. Though thin, the Court declines to sua sponte dismiss these claims at this early stage in the proceeding. See McEachin,357 F.3d at 200 ("We have frequently reiterated that '[s]ua sponte dismissals of pro se prisoner petitions which contain non-frivolous claims without requiring service upon respondents or granting leave to amend is disfavored by this Court.'") (quoting Moorish Sci. Temple of Am. Inc. v. Smith, 693 F.2d 987, 990 (2d Cir. 1982)); Benitez v. Wolff, 907 F.2d 1293, 1295 (2d Cir. 1990) (per curiam) ("Sua sponte dismissal of a pro se complaint prior to service of process is a draconian device, which is warranted only when the complaint lacks an arguable basis in law or fact. Where a colorable claim is made out, dismissal is improper prior to service of process and the defendants' answer.") (citations and internal quotations omitted).
Accordingly, the Clerk of the Court is directed to forward copies of the summonses, the Amended Complaint and this Order to the United States Marshals Service for service upon Defendants R.N. Nancy W., and COs Brouard and Leto without prepayment of fees forthwith.
For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is GRANTED, but the Complaint is sua sponte DISMISSED for failure to state a claim pursuant to 28 U.S.C. §§ 1915(e)(2)(B)(ii)-(iii) and 1915A(b)(1)-(2) as against the SCCF and the SCCF Medical Unit with prejudice and as against Defendant DeMarco without prejudice. Plaintiff's claims against R.N. Nancy
W., and COs Brouard and Leto shall proceed and the Clerk of the Court is directed to forward copies of the Summons, the Amended Complaint, and this Order to the United States Marshals Service for service upon these Defendants.
The Clerk of the Court is directed to TERMINATE the pending motion at Docket Entry #2 as moot.
The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Order would not be taken in good faith and therefore in forma pauperis status is DENIED for the purpose of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
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Appeal from the Circuit Court of Whiteside County, Twelfth
Judicial Circuit; the Hon. L.L. WINN, Judge, presiding. Affirmed
in part, reversed in part, and remanded with directions.
Rehearing denied November 19, 1968.
This appeal presents questions concerning the Uniform Commercial Code, (Ill Rev Stats 1965, c 26, pars 1-101 thru 10-104) and stems from a judgment for $2,396.70 entered in favor of the plaintiff, Robert Draper, against the defendant, Minneapolis-Moline, Inc., after a bench trial in the Circuit Court of Whiteside County.
On December 30, 1966, plaintiff entered into a written contract with Larry Meiners, a farm equipment dealer who handled defendant's products, for the purchase of a new Minneapolis-Moline tractor and a new six-bottom plow for use on plaintiff's farm. By the terms of the contract various extras, including a cab and radio, were to be installed on the tractor by the dealer; plaintiff was to trade in an old tractor and an old plow; and delivery was to be "by" April 1, 1967. The net purchase price of $5,300 was to be paid on delivery. Subsequently, on a date not entirely clear from the record, the old and the new plows were exchanged but nothing was paid on the contract.
At the time the contract was entered into, the dealer did not have the required tractor in stock, but received one from defendant on or about January 26, 1967. This machine was delivered under a trust receipt and a trust receipt financing agreement, both of which gave Meiners the right to sell the tractor at retail in the ordinary course of business, and provided that to the extent permitted by law, the security interest would attach to the proceeds of sale. In this regard, it is undisputed that defendant retained and perfected a valid security interest. By one of the provisions of the trust receipt, it was provided that the machine could be repossessed if the dealer defaulted in the terms for payment.
Shortly after the dealer received the machine, plaintiff came to the store and was shown the tractor and was told that it was his. At the trial plaintiff recalled that the last three digits of the serial number on the tractor shown to him were "804," and this coincided with the number shown on the purchase agreement between the dealer and defendant. The dealer had not as yet received the cab called for by the contract and this appears to have delayed delivery of the tractor to the plaintiff. On one occasion, apparently in February, 1967, the dealer offered to let plaintiff take the tractor without the cab but plaintiff refused the offer.
During the last week of February, 1967, the completion of a routine audit disclosed the dealer to be greatly in arrears for substantial sums of money owed to defendant. When it became apparent that he was not financially able to correct or alleviate the situation, defendant repossessed all of its products on the store premises for which it had not been paid, including the tractor plaintiff had been told would be delivered to him under his contract. At the time plaintiff had neither turned in his old tractor nor had he paid anything to the dealer. Plaintiff then negotiated directly with defendant to complete the deal, but the negotiations fell through because defendant, as a manufacturer, was in no position to accept a trade-in or to provide and install the contract extras. It is undisputed that plaintiff thereafter did his spring plowing with his old tractor, and that he incurred expenses of $396.70 he would not have had if the new tractor had been available to him. This action against defendant for damages soon followed.
The authority for plaintiff's action is found in section 2-722 of article 2 of the Uniform Commercial Code (hereinafter referred to as the Code), which, in substance, gives to one having a special property interest in goods a right of action against a third party who "so deals with goods which have been identified to a contract for sale as to cause actionable injury to a party to that contract." (Ill Rev Stats 1965, c 26, par 2-722.) The quoted language, we believe, intends that a third party would be liable for conversion, physical damage to the goods, or interference with the rights of a buyer in the goods. Section 2-103(1)(a) of article 2 states that in such article: "`Buyer' means a person who buys or contracts to buy goods," (Ill Rev Stats 1965, c 26, par 2-103 (1) (a); emphasis added), and it is thereafter provided in section 2-501(1) in pertinent part:
"The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are non-conforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs
"(a) . . .
"(b) if the contract is for the sale of future goods . . ., when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;
"(c) . . . ."
Ill Rev Stats 1965, c 26, par 2-501(1); emphasis added.
While defendant makes a mild argument that the tractor did not conform to the contract because the extras had not been installed when it was pointed out by the dealer, we think it manifest from the evidence that there was a complete and sufficient identification of the tractor to the contract within the purview of section 2-501(1). It is apparent, too, that defendant's conduct made it impossible for the dealer to deliver the tractor to plaintiff, and that defendant so dealt with the goods as to interfere with plaintiff's special property interest. And, without more, it could be said that plaintiff has standing to maintain an action for damages as authorized by section 2-722. However, there next arises the question of whether plaintiff obtained his special property interest, and its attendant rights, free and clear of defendant's security interest.
Section 9-307(1) of article 9 of the Code provides in pertinent part: "A buyer in ordinary course of business (subsection (9) of Section 1-201) . . . takes free of a security interest created by his seller even though the security interest is perfected and even though the buyer knows of its existence." (Ill Rev Stats 1965, c 26, par 9-307(1).) The trial court here found that plaintiff was a buyer in ordinary course of business within the definition of subsection 9 of section 1-201, and that he therefore, under authority of section 9-307(1), took his special property interest in the tractor free of defendant's security interest. And while the trial court reached the correct result, it is our opinion that his reliance upon section 9-307(1) was misplaced. In the "Official Comment" by those who drafted the Uniform Commercial Code, it is said of section 9-307:
"The limitations which this Section imposes on the persons who may take free of a security interest apply of course only to unauthorized sales by the debtor. If the secured party has authorized the sale in the security agreement or otherwise, the buyer takes free without regard to the limitations of this Section. Section 9-306 states the right of a secured party to the proceeds of a sale, authorized or unauthorized." West, ULA, Uniform Commercial Code, Master ed, Vol 3, § 9-307, p 185.
Here the sale of the tractor to plaintiff was not unauthorized. Rather, both the trust receipt and the trust receipt financing agreement gave the dealer (seller) the express authority to sell the tractor at retail in the ordinary course of business, and provided that the security interest would attach to the proceeds of sale. The very intent of the commercial papers involved was that the tractor could be sold to a buyer, (see: section 2-103(1) (a)), free and clear of the security interest of the seller's creditor. Accordingly, we hold that plaintiff obtained his special property interest in the tractor free and clear of defendant's security interest, and that such security interest is no bar to the action for damages given to plaintiff by section 2-722.
The remaining issue for determination relates to damages which, as previously noted, were awarded to plaintiff in the amount of $2,396.70, of which $396.70 is undisputed and represents expenses incurred by plaintiff because he was denied the use of the new tractor for his 1967 spring plowing. The remaining $2,000, which is disputed, was awarded by the trial court as "cover" under section 2-712 of the Code (Ill Rev Stats 1965, c 26, par 2-712), and was based on plaintiff's testimony that the contract price was $2,000 less than that quoted to him by another Minneapolis-Moline dealer (his brother-in-law) for the same kind of tractor. Section 2-712, relating to "cover," provides as follows:
"1. After a breach within the preceding section the buyer may `cover' by making in good faith and without unreasonable delay any reasonable purchase of or contract to purchase goods in substitution for those due from the seller.
"2. The buyer may recover from the seller as damages the difference between the cost of cover and the contract price together with any incidental or consequential damages as hereinafter defined (Section 2-715), but less expenses saved in consequence of the seller's breech.
"3. Failure of the buyer to effect cover within this Section does not bar him from any other remedy."
We are in accord with the contention of defendant that the trial court erred in awarding $2,000 as "cover." While we think the competency of the proof by which the $2,000 figure was established is suspect (see: Ill Rev Stats 1965, c 26, §§ 2-713, 2-723 and 2-724; Tully v. Western Union Tel. Co., 141 Ill. App. 312, 315), it is enough to say that section 2-712 is inapplicable under the facts of this case. That section, in unambiguous terms, has application only where a buyer actually buys goods in substitution for the goods he expected to receive from the seller, and provides as the measure of damages the difference between the cost of cover and the contract price. The plaintiff here did not purchase another tractor as cover, thus the award of $2,000 was a windfall to which he was not entitled.
For the reasons stated the judgment of the circuit court of Whiteside County is affirmed in part and reversed in part, and the cause is remanded to that court with directions to enter judgment for the plaintiff in the amount of $396.70.
Affirmed in part, reversed in part, and remanded with directions.
ALLOY, P.J. concurs.
STOUDER, J., specially concurs.
I concur in the result reached by the majority of the court and agree substantially with the reasoning employed in such opinion. Plaintiff-Appellee's position in this court is at best ambiguous. He attempts to sustain the judgment of the trial court by asserting that the court properly applied damage rules relating to contracts and by cross-appeal asserts the trial court erred in not applying the tort rule of damages applicable to conversion.
In my view of this case plaintiff's claim was a tort claim based on conversion. Once having concluded as the majority opinion does, that plaintiff has sufficient interest to bring the action against a third-party tort-feasor, I believe it should follow that not only did plaintiff fail to introduce evidence in accord with section 2-712, chapter 26, Ill Rev Stats 1965, but additionally that such section was inapplicable. In my opinion section 2-712, supra, applies only to actions for breach of contract and has no application to damages where the action is based on tort.
I believe that the general rule respecting damages for conversion is applicable namely, the fair cash market value of the property converted at the time and place of conversion. I concur with the result reached by the majority of the court because I believe there is a total failure of evidence in regard to such damage. Although plaintiff argues to the contrary the sales contract cannot be regarded as evidence of such value. As indicated in the majority opinion the contract is a "trade-in" or an exchange contract. It can be characterized essentially as a "cash difference" contract. So long as the same cash difference is maintained, prices and credits may be varied arbitrarily in a variety of ways. No inferences of value can be supported by such allocations.
Accordingly I agree with the majority of the court that there is a failure of evidence on the damage issue.
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decided: June 9, 1970.
GOVERNMENT OF THE VIRGIN ISLANDSv.SALVADOR SANTIAGO ORTIZ, JR., APPELLANT
Hastie, Chief Judge, and Ganey and Stahl,*fn* Circuit Judges.
Opinion OF THE COURT
HASTIE, Chief Judge.
The appellant Ortiz is being held without bail under an information filed by the United States Attorney in the District Court of the Virgin Islands charging Ortiz with first degree murder under section 922(a) (1) of title 14 of the Virgin Islands Code. After the information issued, Ortiz petitioned for a writ of habeas corpus on the ground that his arrest in Puerto Rico and return to the Virgin Islands were illegal. At the hearing on his petition, he also argued that the district court was required to set bail in accordance with the Bail Reform Act of 1966, 18 U.S.C. §§ 3146-52 (Supp. IV, 1969). The district court refused to issue the writ or to set bail, and Ortiz has appealed.
The victim of the alleged murder died of gunshot wounds inflicted on July 8, 1967 in St. Croix. The evidence developed at the habeas corpus hearing showed that Ortiz was implicated in the crime by statements taken from two alleged accomplices nearly two years later. At that time, Ortiz was living with his father in Puerto Rico. Two F.B.I. agents arrested him there and took him to La Princessa jail in San Juan. The next day, two Virgin Islands detectives removed Ortiz from La Princessa jail and took him to the Virgin Islands without a warrant and, so far as appears from the record, without extradition or removal proceedings of any kind. Ortiz was taken before a municipal court judge in St. Croix and held on a complaint for first degree murder. Before a preliminary hearing was held, the United States Attorney filed an information in the district court charging Ortiz with the same crime. He is now held for trial on that information.
At the habeas corpus hearing, Ortiz indicated in response to questions posed by the court that he had submitted to arrest and removal from Puerto Rico in order to comply with the wishes of his father, who is a bodyguard for the Governor of Puerto Rico:
"Q. All right, did you at any time tell them that you didn't want to come back to St. Croix? Did you protest being taken back here?
A. No, sir.
Q. You did what they told you to do?
A. I must do what my father told me to do. Father is the law."
The government presented no evidence, and the district court made no finding, on the legality of the arrest and removal.*fn1 However, the district court found that Ortiz had returned to the Virgin Islands voluntarily, "in the sense that he did not express opposition to returning * * *." Although there is some evidence that Ortiz did not consent to his return to the Virgin Islands, the district court's finding is not clearly erroneous. Moreover, even if Ortiz had been illegally arrested and forcibly brought within the jurisdiction, there are decisions of the United States Supreme Court which support the proposition that his detention and trial thereafter under a valid information would violate no constitutional guarantee. See Frisbie v. Collins, 1952, 342 U.S. 519, 72 S. Ct. 509, 96 L. Ed. 541; Mahon v. Justice, 1888, 127 U.S. 700, 8 S. Ct. 1204, 32 L. Ed. 283; Ker v. Illinois, 1886, 119 U.S. 436, 7 S. Ct. 225, 30 L. Ed. 421.*fn2
At the hearing on his petition for a writ of habeas corpus, Ortiz urged the district court to set bail in accordance with the Bail Reform Act of 1966. Since first degree murder is not punishable by death in the Virgin Islands,*fn3 application of the Bail Reform Act would have required the district court to release Ortiz on such conditions as reasonably would have assured his appearance at trial. 18 U.S.C. § 3146 (Supp. IV, 1969). However, the government took the position that the Bail Reform Act should not apply when it conflicts with the bail provision contained in section 3 of the Revised Organic Act, 48 U.S.C. § 1561 (1964):
"* * *
All persons shall be bailable by sufficient sureties in the case of criminal offenses, except for first-degree murder or any capital offense when the proof is evident or the presumption great.
The district court denied bail in apparent reliance on this provision of the Revised Organic Act.*fn4
On this appeal, the government argues that the action of the district court was proper because the Bail Reform Act has been rendered inapplicable to the Virgin Islands by the "reenactment" in 1968 of 48 U.S.C. § 1561, including the bail provision, and by the addition of a clause repealing "all laws * * * inconsistent with the provisions of this subsection * * *." Virgin Islands Elective Governor Act § 11, 48 U.S.C. § 1561 (Supp. IV, 1969). The government would have us read "subsection" in the repealer clause of amended section 1561 to mean "section," so that the repealer would operate on laws inconsistent with all parts of section 1561. Ortiz, on the other hand, argues that the word "subsection" in the repealer clause refers only to the new paragraph added immediately before the repealer clause, extending certain provisions and amendments of the United States Constitution to the Virgin Islands. Under this view, the express repealer would have no effect on the "reenacted" bail provision of section 1561.
We think that Ortiz has construed the statute correctly. To begin with, section 1561 was not "reenacted" in 1968, as the government contends. The last two paragraphs of 48 U.S.C. § 1561 (Supp. IV, 1969) including only the constitutional provisions and the repealer clause, were added in 1968 by the Virgin Islands Elective Governor Act, Pub.L. No. 90-496, § 11, 82 Stat. 841. But the bail provision of section 1561 long antedated both that statute and the Bail Reform Act and was neither altered nor restated in 1968.*fn5 The probable purpose of the repealer clause was to insure that the statutory extension of constitutional safeguards to the Virgin Islands would not be nullified by existing laws in conflict with them.*fn6 This legislative intent would have been clearer if the repealer clause had referred to "all laws inconsistent with the preceding paragraph." The word "subsection" probably was used inconsiderately in the process of making the Virgin Islands amendment conform with a virtually identical amendment of the Organic Act of Guam that was introduced, considered and enacted contemporaneously. Cf. Guam Elective Governor Act, Pub.L. No. 90-497, § 10, 82 Stat. 847.*fn7
The Guam amendment extends the same constitutional provisions and amendments to that territory that are extended to the Virgin Islands, and contains the same repealer clause. However, in the Guam amendment the constitutional provisions and the repealer clause are designated as a single subsection "u", and are added to a section of the Organic Act of Guam which, unlike 48 U.S.C. § 1561, is divided into subsections. See 48 U.S.C. § 1421b (1964) and 48 U.S.C. § 1421b (Supp. IV, 1969). Apparently overlooking this formal difference, Congress used "subsection" in both enactments, not noticing that "preceding paragraph" would have been more accurate in the Virgin Islands amendment. Thus, it appears that Congress intended, as we now hold, that the repealer clause in the amendment to section 1561 should apply only to laws inconsistent with the constitutional provisions extended to the Virgin Islands by the same amendment, and not to laws inconsistent with other antecedent provisions of section 1561.*fn8
Having decided that amended section 1561 does not repeal the Bail Reform Act insofar as it applies to first degree murder cases in the Virgin Islands, we now proceed in somewhat reverse logical order to determine whether the Bail Reform Act applies at all. The government tacitly assumed both in the district court and on this appeal that, except for the possible conflict discussed above, the Bail Reform Act would apply to this case. However, we have some difficulty with this assumption. Section 3(a) of the Bail Reform Act of 1966, 18 U.S.C. § 3146(a) (Supp. IV, 1969) provides:
"Any person charged with an offense, other than an offense punishable by death, shall, at his appearance before a judicial officer, be ordered released pending trial [on certain conditions]."
Under the definition applicable to section 3146,
"The term 'judicial officer' means * * * any person or court authorized pursuant to * * * the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial * * *."
18 U.S.C. § 3152(1) (Supp. IV, 1969). The District Court of the Virgin Islands comes within this definition because the Federal Rules of Criminal Procedure, including Rule 46 relating to bail, "apply to all criminal proceedings in * * * the District Court of the Virgin Islands * * *." Fed.R.Crim. P. 54(a) (1).*fn9
However, the term "offense" in section 3146 is defined as
"any criminal offense * * * which is in violation of an Act of Congress and is triable in any court established by Act of Congress."
18 U.S.C. § 3152(2) (Supp. IV, 1969). Although the offense of first degree murder under 14 V.I.C. § 922(a) (1) (1964) is "triable in [a] court established by Act of Congress" because the district court has jurisdiction under 48 U.S.C. §§ 1612-13 (1964), the offense is not "in violation of an Act of Congress" because the crime was created by an act of the Virgin Islands legislature. As this court has pointed out in another context, "The local laws enacted under the legislative power granted by Congress are * * * territorial laws, not laws of the United States." Harris v. Boreham, 3d Cir. 1965, 233 F.2d 110, 113.*fn10
Thus the Bail Reform Act does not by its own terms apply to cases where the offense charged is a violation of the Virgin Islands Code. Although counsel for the appellant assures us that the Act "is consistently being invoked in the District Court of the Virgin Islands" we find only one reported case in which it has been applied to a local offense in the Virgin Islands. In Virgin Islands v. Callwood, D.V.I.1969, 296 F. Supp. 943, Judge Higginbotham, sitting by designation, applied the Bail Reform Act in denying a motion for bail pending appeal from a robbery conviction, but so far as appears from the opinion, the applicability of the Act was not raised as an issue for the court to consider.
The legislative history of the Bail Reform Act does not disclose any intent to apply the Act beyond the limits imposed by 18 U.S.C. § 3152 (Supp. IV, 1969). On the other hand, the legislative history does not indicate that Congress considered the problem of bail in the territories and decided to exclude territorial offenses from the purview of the Bail Reform Act. In fact it might be reasonable to hold that Congress intended such a major reform in federal bail procedures to apply to all situations in which Congress has the power to regulate bail, including the trial of territorial offenses in the District Court of the Virgin Islands, if it were not for the apparent obstacle presented in cases of first degree murder by the bail provision of the Revised Organic Act.
However, that obstacle was removed before passage of the Bail Reform Act by Rule 46(a) (1) of the Federal Rules of Criminal Procedure. Rule 46(a) (1) requires that "[a] person arrested for an offense not punishable by death shall be admitted to bail," and has the effect of making first degree murder under Virgin Islands law a bailable offense because it is not "punishable by death." As already noted, the Federal Rules of Criminal Procedure apply by their own terms to the trial of all criminal offenses in the District Court of the Virgin Islands.*fn11 More importantly, Congress provided in the enabling act that "all laws in conflict therewith shall be of no further force and effect." Act of June 29, 1940, ch. 445, 54 Stat. 688 (now 18 U.S.C. § 3771 (Supp. IV, 1969)). By the force of this legislation, Rule 46(a) (1) superseded the bail provision of section 3 of the Revised Organic Act, 48 U.S.C. § 1561 (1964), and created a right to bail before trial for first degree murder charged under territorial law in the District Court of the Virgin Islands. Cf. Mafnas v. Guam, 9th Cir. 1955, 228 F.2d 283, 285.
Under these circumstances, we think that if Congress had adverted to the situation, Congress would have included first degree murder and other territorial crimes tried in the District Court of the Virgin Islands within the definition of "offense" in the Bail Reform Act, 18 U.S.C. § 3152(2) (Supp. IV, 1969).*fn12 Accordingly, even in the absence of a specific congressional mandate, we think it is proper and sensible that in the District Court of the Virgin Islands the right to pretrial bail conferred by Rule 46(a) (1) shall be determined and administered in accordance with the provisions and procedures of the Bail Reform Act. For "the Rule and the Act are complementary and form a unified system for dealing with pretrial release." Brown v. United States, 5th Cir. 1969, 410 F.2d 212, 215-216 quoting at 216.
These considerations make it appropriate that we utilize our supervisory power to require that the standards and procedures of the Bail Reform Act be adopted and followed in the consideration and disposition of bail applications in the District Court of the Virgin Islands. Cf. Virgin Islands v. Lovell, 3d Cir. 1967, 378 F.2d 799, 805, cert. denied, 396 U.S. 964, 90 S. Ct. 440, 24 L. Ed. 2d 428. We note that on March 3, 1970, the perceptive judge of the district court achieved the same result for the municipal courts of the Virgin Islands that we reach for the district court by exercising his rule-making power under 48 U.S.C. § 1613 (1964) to prescribe that decisions as to release on bail prior to trial in municipal court shall "be guided by * * the appropriate provisions of 'The Bail Reform Act' * * *."*fn13
The judgment of the district court denying appellant's petition for a writ of habeas corpus will be affirmed, but the case will be remanded to the district court for a hearing on bail under the Bail Reform Act of 1966.
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April 8, 2008
JOANNE F. SKINNER, PLAINTIFFv.MICHAEL E. FORD AND DAKOTA LINES, INC, DEFENDANTS/THIRD-PARTY PLAINTIFFSv.YU ANMIN, DSL TRANSPORTATION, PENNSYLVANIA TURNPIKE COMMISSION, AND PENNSYLVANIA STATE POLICE, THIRD-PARTY DEFENDANTS
AND NOW, this 8th day of April, 2008, upon consideration of the report and recommendations of the magistrate judge (Doc. 51), recommending that the motion for judgment on the pleadings of third-party defendant Pennsylvania State Police ("PSP") (Doc. 41) be granted and that the motion to dismiss of third-party defendant Pennsylvania Turnpike Commission ("PTC") (Doc. 33) be denied, to which PTC filed objections (Doc. 52), and, following an independent review of the record, it appearing that PSP is immune from suit in federal court under the Eleventh Amendment to the federal Constitution, see Grabiak v. Pa. State Police, No. Civ. A. 05-6318, 2006 WL 2381766, at *2-3 (E.D. Pa. Aug. 14, 2006), and that PTC lacks Eleventh Amendment immunity but possesses sovereign immunity under state law, and that any claim against PTC must therefore fall within a statutory exception to that immunity, and it further appearing that the third-party complaint relies on the vehicular and real-estate exceptions to sovereign immunity for its claims against PTC, see 42 PA. CONS. STAT. § 8522(b)(1) & (4), and the court concluding that the vehicular exception authorized suit based on the operation of a state vehicle and is therefore inapplicable in this case because PTC is not alleged to have operated an automobile, see First Nat'l Bank v. Commonwealth, 609 A.2d 911, 913-14 (Pa. Commw. Ct. 1992), and the court further concluding that the real-estate exception requires a plaintiff to allege the existence of "a defect in the real estate that causes injury," Williams v. Phila. Hous. Auth., 873 A.2d 81, 86 (Pa. Commw. Ct. 2005), that the third-party complaint merely asserts that PTC "creat[ed] a dangerous condition of Commonwealth highways" and failed to "properly design" the Commonwealth roadway but does not allege any facts in support of these conclusions, (Doc. 24 at 14), and that the third-party plaintiff has therefore averred an unsubstantiated legal conclusion, see Papasan v. Allain, 478 U.S. 265, 286 (1986) (observing that courts ruling on a motion to dismiss need not consider "a legal conclusion couched as a factual allegation"),*fn1 it is hereby ORDERED that:
1. The report of the magistrate judge (Doc. 51) is ADOPTED in part and REJECTED in part as follows:
a. The report (Doc. 51) is ADOPTED insofar as it addresses motion for judgment on the pleadings (Doc. 41) of third-party defendant PSP.
b. The report (Doc. 51) is REJECTED insofar as it recommends denial of the motion to dismiss (Doc. 33) of third-party defendant PTC.
2. Third-party defendant PSP's motion for judgment on the pleadings (Doc. 41) is GRANTED.
3. Third-party defendant PTC's motion to dismiss (Doc. 33) is GRANTED. Third-party plaintiff shall be permitted to file an amended complaint alleging facts in support of the legal conclusion that the highway at issue contained a dangerous condition or was improperly designed. Any amended complaint shall comply in all respects with Local Rule 15.1.
4. The above-captioned case is REMANDED to the magistrate judge for further proceedings.
CHRISTOPHER C. CONNER United States District Judge
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Last week, I introduced you to Stacy
and her "End of the month" troubles as she attempted to reconcile her corporate
travel account. If you missed Part 1 of
this installment, you'll want to go back and read it. There are some good tips in there for
managing your corporate and personal credit cards while on travel, and I have
some more here:
4. Receipts. Keep them.
Keep them all. I keep business
sized envelopes in my travel bag and I label them, "CITY – DATE," and I keep
all of the receipts I gather in that envelope until I get home and I do my
expense report. The last receipt I put
in is always the receipt for airport parking that I get when I arrive
home. "Purchase travel items with the
travel card, and put the travel receipt in the envelope;" That's my
mantra. I keep my envelopes for a year
in a file cabinet at home for tax purposes and in case I get audited by the
travel trolls in our corporate auditing dept. That happened to me one time, I
gave them the envelopes for the trips they questioned and I never heard from
them again.
5. When to use cash. These days, you can use your corporate travel
card to buy almost anything, easily.
From groceries to a cup of coffee at the 'Bucks; a simple swipe of the
card produces a receipt and you're good to go.
There are exceptions to the rule.
Taxicabs are notorious for waiting weeks and weeks to submit your credit
voucher to your credit card company.
You'll be reimbursed and you'll pay your bill and you'll end up with a
credit for awhile because the taxi company is late in billing your
creditor. For that reason, I pay cash
for taxis. It is also for that reason
that I'll book a car service or some other means of transportation than a
cab. When I use cash for incidentals
like a street vendor or a cab ride, I use my own cash, keep the receipt, and
mark the receipt as "cash." When I get
reimbursed, I transfer the cash amount to my personal account and pay the rest
to the credit card company.
6. Keep the customer service telephone
numbers stored in your mobile phone as "contacts." If your card is lost or stolen while you're
on travel (trust me, it's only a matter of time), you'll have the number handy
to call and cancel the card. The phone
number also comes in handy when you're about to make a purchase that's out of
the ordinary. Let's say you normally buy
domestic travel tickets every two weeks when suddenly, your boss tells you that
you'll need to go to
ordinary" category and will probably get flagged as a possible "theft purchase"
by your creditor. Call them before you
buy the ticket and tell them, "I'm going to
the best sushi on the planet is to learn that your credit card has been frozen!
Hopefully, these tips will help make
your travel life a bit more pleasurable.
I spend about 20 minutes per week doing expenses and it drives Stacy
crazy. She simply can't understand why
she needs a whole work day at the end of each month to figure it out. Stacy's boss doesn't understand it either…
EXTRA: If you have questions for Ken regarding
business travel, hotels, airplanes, etc, please send an
email! Your questions will be recorded and Ken will answer the
best ones in his Ask the
Expert podcast show.


text:
Check in from 12:00 AM / Check out prior to 12:00 AM
Wodnik Jaworzno: Find photos, reviews, information, amenities and compare prices for 1 stars hotels in Jaworzno, Poland.
Wodnik Jaworzno provides a comfortable setting when in Jaworzno. It also offers a lake, a 24-hour reception and a garden.
Hotel description
All the rooms at Wodnik provide heating, a private bathroom and an in-room closet. A shower and cable/satellite channels are also provided.
The guest house features a restaurant and a bar where guests can unwind of an evening. Each evening, guests are able to enjoy a drink in the cosy lounge bar.
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Room Type
Per room
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Users who viewed Wodnik Jaworzno also viewed these 1 stars Jaworzno hotels:
Hotel Panska Gora
ul. Krakowska 1, Jaworzno
ul. Krakowska 1, Jaworzno
Search hotels
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Nearest hotels
- Noclegi u Magdalenki
1.9 miles
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Indian stone company manufactures, supplies & exports top quality natural stones to UK, US and Other European countries. Add #RegattaExports to your Tweets.
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Clipper Camping Trailers 125ST Sport
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Beckleys RVs is not responsible for any misprints, typos, or errors found in our website pages. Any price listed excludes sales tax, registration tags, and delivery fees. All prices may not include Beckley's Camping Center's 145 point pre-delivery inspection. Manufacturer-provided pictures, specifications and features may be used as needed. Inventory shown may be only a partial listing of the entire inventory. Please contact us at 800-615-6171 for availability as our inventory changes rapidly. All calculated payments are an estimate only and do not constitute a commitment that financing or a specific interest rate or term is available.


text:
Give the gift of Drupal. All merchandise is 50% off through 2016.
Posted by leoburd on
The Phone Recorder Field module provides a new CCK field that calls the user to record audio content from the telephone.
The new field is based on AudioField module and records audio via the VoIP Drupal API.
This module is part of the VoIP Drupal platform. It has been originally developed by Tamer Zoubi and Leo Burd under the sponsorship of the MIT Center for Civic Media (http://civic.mit.edu).
Supporting organizations:
Project Information
- Maintenance status: Actively maintained
- Development status: Under active development
- Module categories: Fields, Mail
- Downloads: 1,414
- Last modified: November 27, 2014
- Stable releases are covered by the security advisory policy.
Look for the shield icon below.


text:
Apocalypse Ain't Got Nothin' On Me
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Apocalypse Ain't Got Nothin' On Me is a challenge in Fallout: New Vegas.
Challenge requirementsEdit
The player must kill 1000 enemies.
Grants 50 XP and the third rank of the Lord Death perk upon completion.
- This challenge is unlocked after completing the Lord Death of Murder Mountain challenge.
- This challenge is not repeatable.


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Braid review
The thinking man's Mario
Don't you just love games that go above and beyond not just in gameplay, but also in art and sound direction? Braid is one of those games that not only plays well, but also looks inspiring and sounds pretty *bleep*ing artsy, managing to combine together to create one of the most atmospherically artistic games out there, right next to Ico and Shadow Of The Colossus. Couple of issues, but other than that, this game was awesome and well worth the money.
The story is that Tim is in love with the princess of the land, and has to rescue her from an evil knight or some shit. However, that's the bare essentials, and if that was it, this game wouldn't be as awesome as it is. In the books presented to you in the clouds before the levels, you'll read a whole lot of stuff, and at first, it's quite confusing, for it's fairly vague and confusing, but as you read on, you'll be able to interpret it in many, many ways - the internet community is living proof of this. With such a good way of leaving the story well open to interpretation, it's no wonder this game ended up so excellent! It's extremely artistic, which goes hand in hand with the soundtrack and graphics, and for that, I commend Braid! If the game wasn't artsy or anything, this would actually piss me off, and I'd probably bitch about it until the sun came down, but... well, the graphics and music are all artistic and the puzzles require a fair bit of thinking, so why should the story not require all of that, too?
Speaking of graphics, Braid has a very nice looking hand painted look, with lush colors and detailed landscapes. It definitely feels like it was brushed together by a talented artist from a time so far from now, that if there were real paintings, you'd see them in a museum! The sprites are also well crafted with animations that flow seamlessly, so that's an A+ for them too, though if I was to nitpick a bit, I'd say that there isn't a variety of enemy sprites... all there are are hairy goombas, carnivorous plants and killer bunnies, although since this game isn't about killing enemies, it's forgiven. The time effects look pretty spiffy, managing to give you that feel of going through time, and they manage to blend in with the gameplay graphics quite well too. Honestly, to complain about the way this game looks is to look like a simpleton, and you don't want to look like a simpleton, don't you? Exactly...
The soundtrack has that subtle feel, like it adds a significant amount of flavor and atmosphere to the game. There's a melancholic violin for one world, a beautiful piece played via piano for another, an epic choir for another, and even something out of those twinkletoes *bleep*ing dancing boxes for another level. Either way, it's very much inspired by the softer and often more melancholic classical pieces of music throughout the ages, and by god, these pieces are so well orchestrated, that it enhances the beauty of this game tenfold.
The way Braid is set up is that it's like a platformer, but with puzzle elements. It's simple to learn how to play - just move with the pad or stick, use a button to jump, and use another button to rewind time - but to master it takes a fair amount of skill, especially if you're not exactly a genius.
The aim of each level is to go from left to right, or from one door to another, but that's not fun! No, what you'll want to do is collect all of the puzzle pieces. But it's not nearly as simple as jumping some platforms and getting to the next door. As you progress, you'll need to deal with different time manipulation elements, such as rewinding, progressing, slowing down and even working with time in order to get all of the puzzle pieces. The first two worlds are quite simple, though the seco-- err, sorry, "third" world builds upon the foundations of the "second" world by having unrewindable parts, which will have a green glow around them. There's a lot to consider with each level, and the pacing is fairly refreshing - each world starts with puzzles even an idiot can do to warm you up, but as you progress through the world, the puzzles get harder, and at the end of each world, you'll be busting your balls, trying to figure out how to get those last pieces. Experimentation and common sense become your best friends in this regard, because you'll need them in order to figure out how to get those pieces you're missing!
Getting these later pieces can be a *bleep*ing pain in the ballsack if your mind isn't into it. You'll be required to use time, platforms, enemies, and green glows to get to them, and simply looking at them backwards won't be enough to get some of the later pieces of each world - experimentation is what you need. Screwing about with your options is really all you can do. This is an excellent way to engage the player's brain, and force them to think logically. Unfortunately, some puzzles are just *bleep*ing bullshit, like when you're presented with one key and two doors, and you open that one door. Guess it's time to rewind... what's this, the key doesn't come back? FFFUUUUU--
Okay, now that I've regained some of my sanity, it's worth noting that these puzzles are just stupid. It can be remedied by merely starting the level over again - don't worry, all the pieces you would've gotten on that level don't need to be re-obtained, meaning you can focus all of your attention on what you didn't get. But still, rather than a cleverly thought out puzzle, you sometimes get one that's based on luck... well, I suppose there is a bit of a hint via colored glows around the keys and doors, but at first, you won't get it, and unlike with the story where you can think of it as something else, that's just going to piss you off!
Now, the length of the game isn't one to be concerned with. Yes, it's only six levels long, and time is measured by skill - if you suck at puzzle games, you'll be spending quite a while, whereas if you're a *bleep*ing genius, you'll destroy this in no time - but given the content and play style, six levels is enough. Any more, and it'd overstay its welcome. However, there isn't much incentive to play a second time beyond some speed run thing for that one last *bleep*ing achievement you can't get without accessing the Speed Run option on the main menu. The appreciation of the art style and the music wears itself thin upon subsequent visits, because typically, you're more concerned to just play through it again... So really, while the length of the game itself isn't anything to get all pissy about, the lifespan is a completely different story.
Braid is that little title that manages to pull out all the stops. When given such an artistic edge over the competition, it's little wonder that the Xbox Live Arcade and Playstation Network start pulling off their own little artistic, cartoony and even retro-looking games; because Braid practically paved the way for them! Creative usage of time, tough as nails puzzles and excellent production values make this a must-buy... just don't expect it to last all that long.
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RS1,50,000 To 2,50,000Bokaro, Chatra, Dhanbad, Garhwa, Gumia, Jamshedpur, Jugsalai, Ranchi, Saraidhela, Khunti,Sahibganj
VACANCY DETAILS Job Title : Branch Sales Officer in MNC Bank Hirring in - Jharkhand , Bihar & West Bangal Gender Preference : Male Number Of Vacancy : 65 Industry Area : Sales/Marketing Key Skills : Marketing Qualification : Bachelor Degr...
Key Skills : branch sales officer,sales officer,sales,business development,direct marketing,marketing,business...
Required Marketing Executive ( Fresher)
VEPS Enterprises
RS50,000 To 3,00,000Bokaro, BokaroSteelCity, Chaibasa, Dhanbad, Dumka, Garhwa, Ghatshila, Gumia, Jamshedpur, Ranchi, Seraikela
- Marketing Job - Salary No Bar. - Minimum Target Base - Laptop Necessary.
Key Skills : senior marketing executive,marketing executive,marketing associate,marketing


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Recent Meetups
Oct 19, 2014 · 10:00 AMEast Bay Mini Maker Faire
East Bay Mini Maker Faire....FUN FUN FUN FOR ALL! We are on Second Floor of Studio One building in Oakland. Facing the entrance---in the left wing. Studio One Art... Learn more
Oct 4, 2014 · 9:00 AMScience in the Park Hayward
Science in the Park in Hayward. Come volunteer and teach kids about electronics.
Sep 15, 2014 · 7:00 PMPlanning meeting
This is a recheduled day for our monthly planning meeting. Again, if you have not been to our house you will not be given our address. Please come to an event before you... Learn more
Aug 21, 2014 · 5:30 PMMeet Us at the 3rd Downtown Street Party!
To find exact location of where we are at a given time: call[masked] Parking may be tough to find, so try to arrive early or you may need to park a few blocks away and... Learn more
Aug 16, 2014 · 11:00 AMHayward Public Library Family Fest Day
Hayhackers is tabling at Hayward Public Library Family Fun Fest!!!! Bring the whole family downtown to the Hayward Library Park to celebrate the end of the Summer!... Learn more
- See all past Meetups