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District of Columbia Jail:
Medical Services Generally Met Requirements and Costs Decreased, but Oversight Is Incomplete
GAO-04-750: Published: Jun 30, 2004. Publicly Released: Jul 30, 2004.
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Since the end of a court-ordered receivership overseeing medical services at the District of Columbia Jail in September 2000, the Department of Corrections (DoC) has contracted with the Center for Correctional Health and Policy Studies, Inc. (CCHPS) to provide inmate medical services. GAO was asked to provide information on (1) the medical services DoC contracted with CCHPS to provide, including CCHPS's monitoring of its services; (2) mechanisms DoC established to oversee CCHPS's services; (3) CCHPS's contract compliance and DoC's efforts to ensure compliance; and (4) the cost of medical services. To collect this information, GAO analyzed documents and interviewed officials from District agencies, CCHPS officials, and an independent reviewer hired by DoC to monitor medical services.
DoC has contracted with CCHPS to provide a broad range of medical services to inmates at the District of Columbia Jail and the Correctional Treatment Facility (CTF)--an adjacent overflow facility. Services include health screenings at intake; primary care services, including care for chronic conditions; mental health care; and specialty care. In addition, CCHPS assists DoC in helping inmates obtain services not included in the contract, such as specialty or emergency services that cannot be offered on-site. As part of the contract, CCHPS also established a quality improvement program to monitor its services. A key component of the program is a quarterly analysis of random samples of inmate medical records to measure how consistently CCHPS delivers required services. DoC established several mechanisms to oversee CCHPS's delivery of medical services to inmates. For example, DoC retained an independent reviewer to monitor the services provided by CCHPS on a quarterly basis. In addition, the contract gives DoC authority to impose monetary damages on CCHPS if it fails to meet any of 12 requirements specified in the contract, most of which relate to providing key services to a minimum percentage of inmates. The contract also requires CCHPS to submit quarterly and annual progress reports describing quality problems identified by the independent reviewer or its own monitoring and actions taken to correct them. Although available evidence indicates that CCHPS has generally complied with the terms of its contract, DoC has not exercised sufficient oversight to provide assurance that problems are not occurring or are quickly corrected. The independent reviewer has consistently found that CCHPS's services meet the contract's overall requirements for access to care and quality, but has also reported that CCHPS has not always met certain requirements. For example, while CCHPS recently improved its performance in providing timely follow-up services to inmates with abnormal chest x-ray results, the independent reviewer had repeatedly found problems in this area. DoC has not taken actions that would allow it to be assured of CCHPS's compliance with contract requirements linked to monetary damages. The agency has not collected data or developed a formal procedure to determine whether CCHPS has met the requirements, and it lacks a procedure to impose damages if warranted. Also, DoC has not regularly enforced the contract requirement that CCHPS submit quarterly and annual progress reports describing quality problems and corrective actions, and CCHPS has often not submitted these reports. From 2000 to 2003, the average daily cost of providing medical services to a Jail inmate decreased by almost one-third, from about $19 a day per inmate to about $13 a day. In 2003, DoC consolidated the services provided to inmates in the Jail and the CTF under one contract with CCHPS. In that year, during which 17,431 inmates were admitted to the Jail and the CTF, the total cost of providing medical services at both facilities was about $15.8 million.
Recommendations for Executive Action
Status: Closed - Not Implemented
Comments: As of August 26, 2005, the District of Columbia, Department of Corrections had not implemented the recommendation. The recommendation is now moot because a different contractor is providing medical services at both the DC Jail and Correctional Treatment Facility.
Recommendation: To help ensure that CCHPS provides required medical services to inmates of the District of Columbia Jail and the CTF, the Mayor should require the Director of DoC to develop formal procedures--including collection of needed data--to regularly assess whether CCHPS's performance meets the contract requirements that are linked to monetary damages and to impose these damages.
Agency Affected: District of Columbia
Status: Closed - Implemented
Comments: On August 26, 2005, the District of Columbia, Department of Corrections provided documentation showing that the first annual report for the period covered by and immediately following our report (3/04 - 3/05) had been submitted by the contractor, as had the quarterly reports for a period following our report. The annual report provides information on identified problems and actions taken to correct those problems.
Recommendation: To help ensure that CCHPS provides required medical services to inmates of the District of Columbia Jail and the CTF, the Mayor should require the Director of DoC to ensure that CCHPS submits to DoC the required quarterly and annual progress reports, which should describe identified problems and the actions CCHPS has taken to correct them.
Agency Affected: District of Columbia
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Home >> Write >> Photography >> Professional Photography >> Aerial
Aerial Photography
Looking for adventure or the thrill of a lifetime? How would you like to document the world from a bird's eye view? Well, aerial photography is one of the most popular forms of picture taking among radical adventure seekers and photographers alike.
To be a great aerial photographer, first and foremost, you need the stomach to tolerate heights. If you don't like heights, you're not going to succeed unless you undergo therapy or hypnotism to get you mentally prepared for the idea of taking pictures thousands of feet above the ground.
One of the most popular kinds of aerial photography today are of skydiving. With a camera in hand, photographers are taking shots of people falling out of planes while the photographer is also falling out of a plane! More than a steady hand, you need a good position in the sky and the patience to look through a lens when the only thing you care about is not putting a dent in the earth below you.
Other kinds of photography are landscapes from the perspective of someone in a plane. This is not as harrowing as a free-fall, but it is just as challenging; you're main objective is usually looking for patterns in the earth below for which to photograph. The earth is full of shapes, patterns and interesting designs when you see it from the sky. Take advantage of what you see and document it keeping in mind rules of composition.
Some people suffer from vertigo and get dizzy when looking down through lens (especially a zoom). Take some time to practice looking at things with your body in original positions (lay on your back and look through your lens upside down). Getting accustomed to this change will go a long way in helping your special capacities adjust.
You can make a good amount of money in aerial photography. Try freelancing to airlines or extreme sports publications. There are always people looking for images to include in advertising packages and promotional material. You can establish yourself as a reliable and good shooter if you find a way to sell your work. The competition is relatively low because, lets face it, few people want to grab a camera and take pictures from the sky – even if people are doing it, it is difficult to really get a great shot.
Hone your photography skills and "dive" into a field full of adventure and excitement. It may be the best move you ever made!


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January 31, 2011
ORRIN CARR,PLAINTIFF,v.MATTHEW CATE, ET AL., DEFENDANTS.
(Docs. 37, 38)
I. Procedural History
Plaintiff Orrin Carr ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on the complaint filed December 17, 2008, against Defendants Matthew Cate and James Yates for promulgating and implementing a vague regulation for "over familiarity" in violation of the Due Process Clause of the Fourteenth Amendment. This matter is in the discovery stage. Plaintiff filed a motion to compel on October 20, 2010. (Doc. 27.) On November 24, 2010, Defendants filed an opposition to the motion to compel. (Doc. 32.) This was not docketed prior to the order denying Plaintiff's motion to compel being signed and an order striking the opposition as moot was entered on December 1, 2010. (Doc. 34.) On November 29, 2010, the Magistrate Judge issued an order denying Plaintiff's motion to compel, without prejudice. (Doc. 33.) Plaintiff filed a motion for reconsideration on December 16, 2010. (Doc. 35.) The Magistrate Judge granted reconsideration and issued an order partially granted Plaintiff's motion to compel. (Doc. 36.) Plaintiff was seeking all rule violation reports issued for the charge of over-familiarity at Pleasant Valley State Prison in the last fifteen years and the Correctional Training Facility in the last twenty years. The Magistrate Judge found that the records were "reasonably calculated to lead to the discovery of admissible evidence," however as requested it was over broad and burdensome. Since Plaintiff had been charged with over-familiarity on January 16, 2003, and December 14, 2005, while housed at Pleasant Valley State Prison, the Magistrate Judge ordered the Defendants to produce rule violation reports issued for the charge of over-familiarity at Pleasant Valley State Prison from January 1, 2002 through December 31, 2006. Additionally, the Magistrate Judge included in the order that if, after checking with the appropriate record keeping department, Defendants stood by their contention that the request was burdensome or the information contained in the reports was confidential they shall notify the Court within thirty days.
Plaintiff filed an objection to the order on January 20, 2011, stating that since Defendants had not filed an objection the court should assume Plaintiff's contentions are true and grant his requests. Plaintiff complains that reducing discovery to "just four years*fn1 at one prison is too severe of a reduction." (Doc. 37, p. 4.) Additionally, Plaintiff objects to the Magistrate Judge allowing Defendants to bring any objections. Plaintiff is requesting the Defendants not be allowed to revisit any objections and for the court to grant the request for the rule violation reports from both institutions for the entire period requested. Defendants filed an opposition on January 27, 2011. (Doc. 38.) In the opposition, Defendants state that Pleasant Valley State Prison is comprised of 5 separate facilities and houses 5,100 inmates. The disciplinary reports for each facility are kept separately and the retention schedule for disciplinary records is five years. The records ordered by the Magistrate Judge have been requested by counsel for Defendants. (Id. at 3.)
II. Discussion
Rule 72(a) of the Federal Rules of Civil Procedure allows a party to serve and file objections to a Magistrate Judge's non-dispositive order within ten days. In this court , this type of objection is treated as a motion for reconsideration by the assigned District Court Judge and should be captioned "Request for Reconsideration." See Local Rule 303. The District Court Judge is to use "the 'clearly erroneous or contrary to law' standard set forth in 28 U.S.C. § 636(b)(1)(A)." Local Rule 303(f).
Under Federal Rule of Civil Procedure 26(b)(2)(C) "the court must limit the frequency or extent of discovery otherwise allowed by these rules . . . if it determines that . . . the discovery sought is unreasonably cumulative or duplicative . . . or the burden or expense of the proposed discovery outweighs its likely benefit . . . ." The Magistrate Judge's determination that requiring Defendant to provide documents from two separate facilities that total thirty-five years of documents was not clearly erroneous or contrary to law. Plaintiff was charged with rule violations while housed at Pleasant Valley State Prison making the records for that facility relevant to his claim. The complaint did not allege that he was charged with a rule violation at the Correctional Training Facility and those records were properly denied. Moreover, Plaintiff's request is for fifteen years of documents, an unreasonable period of time. See Kowalski v. Stewart, 220 F.R.D. 559, 602 (D.Ariz. 2004) (holding that the plaintiff's request for thirteen years of medical records is an unreasonable period of time). Accordingly, the Magistrate Judge ordered Defendants to produce documents for a year prior to and a year after the dates of Plaintiff's rule violations, encompassing five years of records.
It was within the broad discretion of the court in conducting discovery to allow Defendants an opportunity to readdress the burdensome nature of the order and the confidential nature of any contents of the documents. McDowell v. Calderon, 197 F.3d 1253, 1256 (9th Cir. 1999). The Magistrate Judge's order merely allows Defendants to bring objections if they found the documents ordered to be produced were unavailable or the process would be too burdensome or documents contained confidential information that would threaten the security of the institution. If Defendants bring such a motion Plaintiff will have the opportunity to address the objections prior to the court issuing a decision.
In the present case, the Court finds that Petitioner has not demonstrated that the Magistrate Judge's decision was either clearly erroneous or contrary to law. Accordingly, Petitioner's motion for reconsideration is DENIED.
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More yellow to love, refreshing, energetic bursts of joy! From shoes to fashion, brides to stationery, there's so much out there in sassy, classy yellow. Be inspired!
Yellow Interior InspirationApril 13, 2007
You can always count on Domino magazine to deliver some of the best spaces. Here are a just a few of my favorites… Pay attention to the fabulous use of yellow in these rooms. Some with just a touch, others that really pile it on. From sunny yellow, to lovely jewel tones, this color cheers, warms, welcomes, and ushers in a positive feel-good mood.
QUICK BITE: If you don't have a touch of yellow in your space and you'd like to change that ASAP, visit the grocery store. All you need at home is a bowl or glass vase. Pick up a bag of beautiful lemons and some tulips. The lemons can go in the kitchen, dining room, or living area in a vase or bowl. If you have an entry, you can place a clear vase with them inside on your entry table. Tulips look good anywhere. And don't forget to cut a few lemons and let them infuse your home with zesty goodness. You need not invest in a gallon of paint or a new duvet to bring this color into your home – lemons and some tulips will do just fine for now. :)
(images from domino)
I wrote about Zara Home this time last year, and despite how it pains me that their home stores aren't in the states (yet), I'm thrilled to at least catch a glimpse of their catalog online because the images are gorgeous and packed with styling ideas. Plus, there's a lot of things I see that resemble pieces that I can find here in the states from stores and flea markets, so it's just a matter of pulling everything together to create the relaxed, soft look that is Zara Home. It's a little bit of the Beachy Keen and the Nurturing Naturalist combined, don't you think? And Miss Victoria from SFGirlbyBay was right, white is too a color!
Lots of antlers, texture, shells, bird cages, painted wood floors (white-washed), white furnishings, hints of blue, white in many shades keeping the look warm vs. cool, ceramics, driftwood, flea market finds, it's all gorgeous, isn't it? Click on any of these images to enlarge…
This is my favorite room (below), I love everything about it. It actually reminds me of this living room in Linda Gregoriou's home from Australian Vogue magazine. I love how they filled the fireplace with books, and this gorgeous cut out rug…
This kitchen feels so Scandinavian to me, it looks so clean and warm, which is sometimes hard to accomplish with an all white palette because too often it can read as sterile and cold.
What a gorgeous entry, it almost looks like the railing is an ornate wrought iron. Don't we all dream of a balcony or patio like this?
(images from zara home)
Inspired By Green in Salt Lake CityMarch 19, 2007
Yeah! decor8 reader Ellen is so inspired by the color green that she had to paint her living room in this fantastic shade… Here's her note and photos.
"I recently bought a home in Salt Lake City and decided to paint my living room green! It's an old home, built in 1928. The living room has a cove ceiling so in order to give the room more definition, I painted a border around the top in a green color that is 2 shades darker than the walls. I think it looks really nice next to the dark stain window framing. Just thought I'd share!" – Ellen C.
(please click on these images for a larger view)
Ellen: The architecture of your home is stunning. I'm particularly pleased that the border was applied so amazingly straight, this is something I'm forever having problems with – even with a level! Did you use a standard level or a laser? What is the color/brand of green you used? Why did you select that color and shade? I'd love to know more about your decision to use green, it's fun to hear how others decide on a color, it's often such a hard choice to make while standing in the aisle of a paint store. Overwhelming to say the least. I think paint selection should be added to the most stressful life events list. 1) Divorce 2) Having children 3) Getting fired 4) Paint selection…
I have a few questions for you Ellen. Why didn't you paint the walls up to the ceiling? What color do you plan to paint the adjacent room? What other colors do you plan to bring into the space?
(images from ellen c.)
Green Glorious Green!March 16, 2007
Here's more green to inspire you today. From bold and confident, to charming and subtle, green is a color worth exploring! And don't miss a little secret of mine below because it may encourage some of you color shy types to stop standing along the wall and participate in the happy world of hue!
Accessories from Even though this rug from Angela Adams isn't shown in the room, it's a fresh, modern translation of all of those fantastic greens and blues from that David Hicks space, don't you agree?
This room, designed by the great Jonathan Adler knows how to have fun with color, doesn't he? Even the ties he sports on Top Design could be made into a room. Love this bright yellow and green combo, I can't imagine ever waking up in this room and feeling depressed. Design prozac indeed.
Chlo? Sevigny's entryway, pictured here from a recent issue of House + Garden, incorporated the Kelly Wearstler green imperial trellis wallpaper so well. I love wild and crazy patterns in an entryway for two reasons. You give guests a major welcome – first impressions are everything – so a hallway with the wow factor means so much. Next, because you can. A pattern like this is somewhat of an exclamation point print, it screams "Look at me! Over here! Look at meeee!", something you may not want to use on 4 walls in a living room or bedroom, but can totally get away with in a hallway, small bathroom, pantry, etc. In an entryway, this bold pattern accomplishes it's goal. Welcome! To! My! Home!
This Wary Meyers dining room is fantastic, from the tulip table to the seat cushions, wallpaper, and that green painting… It all works. That is what I love about their portfolio, you see things working together in ways you'd never imagine putting together.
When I think about the color green, I think of versatility. When you are out in nature, green and blue and the two most dominate colors in most places, whether it be the blue sky, green grass, turquoise ocean, or the way mountains almost look blue or green from a distance. Then, you observe the colors around you in the form of shells, flowers, animals, rock, sand… Everything coordinates. You never look at a bed of flowers and think, "Oh my god, nothing matches! Dreadful!". Colors that occur in nature are so appealing. Images above, top: Vincente Wolf and bottom: Kemble Interiors.
Look at the serene and sophisticated home of an Apartment Therapy reader. If anyone knows who this is or has the link to the original slide show, please comment with that below so I can give this lady due credit. I loved her space. Look at those velvet apple chairs. So inviting.
Now to share a little secret that may encourage those fearful of color. I was a neutrals-only girl for several years, stuck in a color rut just like some of you. How did I get out?
Let me clarify that things weren't always this way. I didn't grow in a color-free home, my mother loved color and even today, still uses it very well. I was actually quite the colorholic, I couldn't get enough. At 21, I moved into an apartment and my first purchase was a pink vintage refrigerator, huge floral wallpaper for the kitchen, and hardwood flooring that I installed myself. That was the wildest kitchen ever. Scary but gorgeous. After that apartment, I slowly allowed neutrals to creep into my life for reasons unknown. Maybe it was an emotional thing. I don't really know. But it was in my mid-20's that I hit a major neutral phase. I didn't understand what was happening to me. When I tried to introduce color, I fell flat, so I just didn't use it at all. Everything was cream and khaki.
What ultimately changed my perception of color was randomly hearing someone say that the best way to bring color into the home is bring nature inside. If it works outdoors, it will work indoors. I never thought about that in my life, seemed so simple, but so true. It was then that I started small. I brought home fruit and flowers. Instead of mixing fruit in a bowl as I always had, I started to put oranges in a single bowl, lemons in a tall vase, limes arranged on a platter. I always loved to buy flowers for my office at work, but didn't bring them home much. I changed that. I started bringing fresh flowers into my home once a week, but instead of buying a mixed bouquet, I stuck to a single color, like yellow tulips for instance. Placing fruit and flowers around my home helped me feel more comfortable about living with color again. The 21-year-old Holly with the pink refrigerator resurfaced. I was me again. Color was back!
Now I feel completely comfortable around color and I'm in a profession where I'm helping others to overcome their color fears. So start small and build, even if it's just fruit and flowers. Look to nature. Start with green.
Fresh Green FurnishingsMarch 16, 2007
Nothing says spruce up like the color green. From the preppiest greens to the softer shades of apple, going green never looked so good. And now that we understand it a little more thanks to this post, let's look at some of the hottest home furnishings on the market – all in green, of course!
The dark olive strut table from Blu Dot makes my heart skip a beat. I love it in this space, paired with red, hints of robin's egg blue, and brushed nickel. Excellent color combination.
Want to go a little crazy? Here's a few fun green patterns from Anthropologie. The ditte sofa in green and white, or in solid leaf. Although this sofa is very expensive, and I'd never purchase it in anything but a solid since I get tired of prints quickly, it is the most comfortable sofa I've ever sat on in my life. My husband even tested it out and loved it. The pepper green corrigan chair is another comfortable charmer in soft tufted leather, or go wild with this josef frank wingback.
If you prefer a richer green, go with these forest green Egoa task chairs from Josep Mora. Doesn't green look gorgeous with pure white?
Of course, who can forget some of the classics. The Eames shell rocker in lime and a wool chartreuse Arne Jacobsen egg chair from DWR are great green finds. Another nice seating option is this olive David Mocarski Libre two-seater sofa because it's comfortable and doesn't take up a lot of space. Notneutral has a new collection of Tetra cabinets with drawers and trays you can add in green (as well as a few other colors), and for all you mid-century lovers out there, the new collection from Sherwood Hamill for Angela Adams is my latest obsession. I love it all (amazing finds), but the pieces shown above in yellow-green have my attention.
One of my favorite sofas out there right now is the Bantam from DWR, it's available in both sage and olive green. The sage is my favorite because I prefer the textured fabric over the solid olive, it looks more like canvas and I'm not big on the look of canvas on sofas. Above, it is shown in sage. I love everything about it, the single cushion seat, the arms, the legs, well almost everything except that it's sitting in a DWR showroom right now and not in my living room…
If it's pattern you crave, Urban Outfitters has a ton of new furniture in, one being this great little green pillow top settee in a lattice print. Lattice is huge right now, have you noticed?
For something a little more girly, try this fainting sofa in juicy green apple. Here are a few picks from Brocade that ooze with femininity and charm. All green and glorius… A tufted bucket chair in pear, or a hand-carved curve back chair in stem.
Or perhaps you want to add a moss green silk regency headboard to your bedroom. This would look lovely with crisp white bedding (the chocolate satin bedding urban's shows it with is hid-e-ous, don't click here whatever you do – it's like a 60's one-nighter hotel.) But the headboard works, I love the shape. If you prefer cleaner lines, but still want a touch of glam, try their velvet apple green headboard instead.
The chippendale chair in lime, from Jonathan Adler is perfection on 4 legs. If you're a Chinese chippendale fan, Tonic Home has a great outdoor bench (not shown) in sage (free shipping!).Not sure if you shop Ballard Designs, I'm part of their designer's program and I've placed several orders with them for clients. Almost all of their soft furnishings are available in a range of fabrics and patterns, several patterns have green as the dominate color. I really like the lines of this Chatfield chair.
Any green furnishings that you'd like to suggest?


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The UK economy is suffering the longest period below a pre-recession peak for a century. The government could use fiscal, monetary, financial and structural policies to accelerate the recovery, but it won't.
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A short teaser loop of ships from the HAZE trailer cinematic. Check the trailer and some concept art for the game by Aleksi.
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Actual rating will vary with options, driving conditions, habits and vehicle condition.
This Mercedes-Benz includes:
Want more room? Want more style? This Mercedes-Benz GLS is the vehicle for you. There's a level of quality and refinement in this Mercedes-Benz GLS that you won't find in your average vehicle.
This Mercedes-Benz GLS is equipped with AWD for improved handling. Whether you're faced with inclement weather or just out enjoying the twisting back road, you'll have the grip of AWD on your side. Where do you need to go today? Just punch it into the Mercedes-Benz GLS on-board navigation system and hit the road.
Estimated Monthly Payment will depend on vehicle make and model and will be determined upon actual vehicle inspection. All payments are estimates. Tax, title and any other fees are extra.


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|3 - 21 noites
Passo fora do pátio para a piscina de borda infinita. Relaxe em uma espreguiçadeira e margaritas SIP. Depois de assistir o pôr do sol a partir do pátio ou na piscina, atravessar a rua e caminhar até os passos para a Cidade Velha e jantar em Los Muertos Beach (5-7 minutos a pé). Você pode optar La Palapa, O El Dorado ou talvez Daiquiri Dicks. Há muitos bons restaurantes em PV que servem cozinha famoso do mundo e eles estão todos a curta distância da Casa Vista Linda.
Continue para baixo à beira-mar para Ritmose Beach Club eo Blue Chairs Resort e ouvir Jazz, ou salsa, tudo o que é no menu. Ouça a música eo marulhar das ondas! Estamos no local perfeito para desfrutar de tudo de Puerto Vallarta e ainda ter o luxo de tranquilidade e privacidade.
A nossa cozinha tem estado dos aparelhos de arte, porcelana, talheres, copos de vinho, a maioria dos grampos e especiarias. Os nossos quartos são lugares confortáveis para dormir ou descansar sua cabeça antes de sair no dia seguinte para passear ou talvez um passeio de tirolesa. Cada mestre suites possuem camas king e belas casas de banho dois têm banheiras de hidromassagem. O outro banheiro, embora menor tem um grande chuveiro andar. Todo o condomínio é de luxo, a partir do momento em que caminhar, para o travesseiro para baixo você descansar a cabeça à noite e os pisos de mármore sob seus pés chinelos.
A decoração foi desenhado por Jorge Rubio da Terra Noble em um motivo índio mexicano, justapostos em uma arquitetura moderna mexicana. Tudo no condomínio é da mais alta qualidade. Nossa camareira Eva, vem três vezes por semana e nós podemos arranjar um cozinheiro para jantar em, se você gostaria.
Puerto Vallarta espera por você. Você não vai se arrepender se você optar por ficar na Casa Vista Linda.
* Se estiver interessado nesta proprietário Chamada estabelecimento diretamente
Palavras-chave: Condomínio fechado, Vista fantástica, a pé da cidade, enorme ensolarado piscina aquecida, impressionante bonita, 3 suites
We had a great time at Casa Vista Linda! We travelled with our 17 & 19 yr old children and they both brought friends. The house is spacious, comfortable and beautifully decorated. The kids especially liked the t.v. room where they could hang out in the evenings and watch movies etc., while my husband and I would sit outside and enjoy the beautiful sunsets. The only downside is the wi-fi is pretty iffy, so if you don't have an international calling plan to set up a hotspot, you would need to be near the modem. Alfredo met us at the house when we arrived, (used the driver service) and he had previously stocked the kitchen with everything we requested. We used the cook for breakfast and lunch one day which was very nice. Eva the maid is great too. The walk to the beach is down the cobblestone street and the stairs, (155) but really not bad at all, although with small children I may recommend a taxi. We took the bus to Mismaloya one day for jet skiing and for 8 pesos it can't be beat. Just walk down to the hwy 200, cross the street, and wait at the big rock. The bus comes every 20 minutes and the ride is about 30-40 minutes. The Sea Monkey on the Malecon has great food and $1 beers. Near there is the Loco Langostino, where you can sit upstairs in the breeze and get a bucket of 6 beers for 100 pesos. There is parasiling, snorkeling at Los Arcos and of course tons of shopping. Very safe to walk around, lots of Americans, gay couples, great restaurants and tequila shops as well. We will definitely be back!!
We had such an amazing week at Casa Linda! I have stayed at another Villa on Hortensias in the past which was nice but I never expected what Casa Linda, a condo, could offer. It is high in the hills which I love as this units bedrooms make you feel like your high in the jungle. This location works also in order to burn off those calories from flan and taxis from downtown are $2.50 for 4 people! I went with family and my 11 yr. old son. Of course the decor was special down to the details. I found myself in charge of "the lighting" each evening. Since unit was costume renovated they had thought of how lighting effected every area of the unit. Additionally, while more or less every vacation rental I have stayed at supplies the basics in their kitchen, Casa Linda has everything a gourmet chef needs to prepare a meal (if you want to cook!) down to spices, Mexican pottery dishes, chef knifes and a good expresso/latte machine. Case Linda also has robes and house slippers in each bedroom for guest to wear (note pics and my sister and sitting in the morning enjoying our view of Bandaras Bay). It was also a treat to have Ava come every other day to clean the unit. More like hotel service. Casa Linda is one of two ground units in La Cina One which is the closest to town of three condo units in this area and the smallest building of the three. Many of the other owners where there when we were visiting for an annual meeting and we felt very welcome as vacation renters including my child. Casa Linda also stocks beach towels, sand and pool toys, some basic medical supplies, beach hats and shopping bags and an assortment of Latin CDs to set the mood! While the pool looks small and narrow in the pictures it actually is a lap pool. OK, the wall to wall sliding doors! I also made use of these amazing features each morning which opens the front of the unit to paradise! Very good landscaping still makes this unit feel private even though it is on the ground. I would agree with another review that the gate to the pool, 4 steps away , makes this feel like the pool is yours! While we were there we found out the pool's heat was higher than normal which I loved but they do keep it around 90 degrees which in some months are nice to have even with all the sun. Whether you want to hide in one of the three amazing air-condition bedrooms or read on the couch or rocking chairs overlooking beautiful Puerto Vallarta Casa Linda is a Muy Especial to be.
This marble and glass luxury condo is the best we have ever enjoyed. The 20 year history of Puerto Vallarta qualified us and there is no better value for the money. The view is beautiful just as shown on the website and all amenities were first class. A short interesting walk down the hill brings you to the beach and our colorful "old town". Perhaps the best treat of ask is the warm caring people who we encountered in every day transactions. Look no further, this is the place you want.
We just returned from a four night girls weekend in PV. I have rented condos in PV probably a dozen times and this one was the best. The location is in Amapas so you have a fabulous view of beautiful PV, the Bay of Banderas and endless water. The condo is in a building with thirteen other units so a manageable size- VERY SAFE, SECURE -- and felt like being home. Now for inside the condo- the decor is lovely, lots of light, open air and just really comfortable and livable. Everything you can imagine is there so you don't have to think about a thing- I opened the closet in the master bedroom and there were even sun hats to borrow! Don't even think about it- book this place. It is where you want to stay in PV to live away from all the touristy craziness with all the conveniences of a home that has been so thoughtfully designed. Linda was very helpful and accomodating in the booking process and the entire team onsite there is stellar. Nice, lovely people that are there to make your travel experience more enjoyable but not intrusive. I will definitely rebook this place next time I head down to PV- and this will be the first time I can say that! thanks Linda- will be emailing you soon for a future booking!
This is my 4th stay at Linda and Bob's beautiful property. I went with my usual partners, my sweetheart Gail and our very good friend Sharon. Again the stay was amazing. The Mexican Indian theme blends right into the jungle just outside your bedroom windows and the modern Mexican architecture with the fabulous view of the bay below. We have never had to use the air conditioner during our stays as the condo is very open and the breezes waft through the entire condo.
I was a little under the weather when I arrived this year and found myself spending more time at the condo than usual. What a treat. I fully appreciated using the infinity pool all day long and lounging under the hot Mexican sun. I felt better almost immediately and left feeling much better than I was when I arrived.
The maid Eva is a lovely person and does a very good job of cleaning the condo three times a week. We regard her as family when we are there. Alfredo who looks after the property is a wealth of knowledge of the PV area and will do anything to make your stay more enjoyable.
We stayed for two weeks. It wasn't enough. I wanted more. We were curious and looked at ads for other properties for rent and I can honestly say there is not another property in Puerto Vallarta that can compare with this one.
I had spent several days searching the internet for the perfect condo to rent for my family and this one caught my eye. We spent the month of July here and it was absolutely incredible!! The warmth, comfort and tranquility made this place truly feel like "home".
First of all I'd like to say that if your searching like I have it's safe to say you can stop your search because you found it. The pictures don't do it justice. The condo is so bright, open and well maintained. Nothing is left unattended. Linda has it stocked full of all the entertainment you would need. It was nice to see books lining the walls in a couple of the bedrooms to read, a small collection of DVD's to enjoy on a lazy evening, plenty of pool toys for the kids and some board games. The kitchen was excellent and spacious enough to prepare big meals without feeling crowded. It was also nice to find a spice cupboard with an assortment of things you would need to prepare your meals, such as spices, gravy mixes, can soups, packaged tea, sugar, salt and pepper ect. Some of those spices were items I didn't think to grab when I was at the supermarket so it was a relief to find them already there. We just made sure to replace what we used before we left so the next person would have them available to them too. I like the "pay it forward" system they have going on there. Small things like that truly show the warmth this environment holds for past, present and future tenants. Despite the fact that it was during the summer we didn't find the heat to be to overwhelming. Yes its quite warm, however up on the hill in Amapas with all the windows open you get such a nice breeze flow thru the condo that you don't notice the heat to much. At night we would close everything up and simply turn on the A/C in the bedrooms for a short while. If you keep the bathroom and bedroom door closed as well you only need the A/C on for a little while before you fall asleep. With the ceiling fan going your fine after that. Booking the condo was effortless and smooth. Linda is such a charming lady and I really enjoyed our communication. The property manager Alfredo is very professional and eager to assist with anything you need. Eva, the maid, always has a smile on her face and quickly and quietly cleans the condo every other day. She was a joy to see. My family and I will be renting this property again in the future and I'd highly recommend it to family and friends. Thank you for sharing your home with us Linda and Bob.
Canopy Tours, passeios de duna, Clube de saúde no final da rua
|Validade da Tarifa
|por noite
|Noite (fim de semana)
|por semana
|por mês *
|Pacote ou Evento
nov 19 2016 - dez 2 2016
Estadia mínima: 14 noite(s)
Taxa Única
High Season 2
dez 3 2016 - dez 17 2016
Estadia mínima: 5 noite(s)
dez 17 2016 - jan 6 2017
Estadia mínima: 21 noite(s)
Taxa Única
Tarifa Básica
Estadia mínima: 3 noite(s)
|Taxa de animais de estimação
*Take advantage of VENMO and avoid credit card fee. ( our credit card fees are not included in our initial quotes)
We do not rent Longer than 3 weeks during high Season.
Rates are for 4 people.
We request you tip the maid
* Tarifa mensal aproximada. O valor real dependerá dos dias em que você de fato se hospedar no imóvel.


text:
HI guys,
I have seen the following problems in XLi and want to get them fixed up.
1.uncomfortable seats/discomfort if ride is more than 1 hour
2.miserable braking system.
3.want to get power windows
Can anybody guide me about these.any good auto shop in lahore who can solve these?
Can the brakes be changed to ABS?approximate cost?
should the seats be changed altogether?
where to get power windows get done up?aprroximate cost?
Thanx in advance
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Lakshmipuram, Mysore, India- 570004.
Fabric Painting
KALAKUTEERA, #1650 , 6th cross, Near vatsalya sitaranga nursing home,
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posted on 08 May, 2016
"I have had a wonderful experience learning New art forms which has impacted on my creativity.as a art lover, I always have the thirst to learn New art forms. Kalakuteera is one such place where every hobby lovers can explore themselves...would love to join them again. "


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United States District Court, E.D. California
April 1, 2014
RAY LEE VAUGHN, Petitioner,v.RALPH M. DIAZ, Warden, Respondent.
BARBARA A. McAULIFFE, Magistrate Judge.
Petitioner is a state prisoner who proceeded pro se and in forma pauperis with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The matter has been referred to the Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1) and Local Rules 302 through 304. Pending before the Court is Petitioner's motion for reconsideration of the dismissal of his petition for untimeliness. In Petitioner's motion, which was filed on August 14, 2013, Petitioner argues that he is entitled to equitable tolling of the statute of limitations because of his mental illness during the pertinent period of time.
In this order, the Court will review the briefing and documents submitted in connection with the motion and will schedule additional input from the parties and expansion of the record in order to have an adequate record to present to the Court to evaluate the motion for reconsideration.
I. Summary of the Proceedings Pertinent to the Motion for Reconsideration
A. Procedural Summary
The Magistrate Judge filed findings and recommendations on Respondent's motion to dismiss, dismissing Petitioner's petition after the motion, opposition, and a reply had been filed. Petitioner filed objections, which caused the Court to solicit additional documentation and briefing from the parties regarding Petitioner's allegations and arguments for equitable tolling of the statute of limitations. Thereafter, the Magistrate Judge ordered the initial findings and recommendations vacated and filed new findings and recommendations in June 2013. Petitioner filed objections to the findings and recommendations.
On August 7, 2013, the Court adopted the Magistrate Judge's findings and recommendations, granted the Respondent's motion to dismiss the petition, and dismissed Petitioner's petition for writ of habeas corpus as untimely; judgment was entered and served on Petitioner on the same day.
On August 14, 2013, Petitioner constructively filed[1] a motion for reconsideration of the dismissal in which he sought relief from the judgment and purported to submit "final objections" to the findings and recommendations.[2]
On August 29, 2013, Petitioner filed a notice of appeal from the judgment of dismissal.
On September 11, 2013, Respondent filed opposition to Petitioner's motion for reconsideration.
On November 27, 2013, the Court of Appeals for the Ninth Circuit issued an order in the appeal in which it noted that because the appeal was filed during the pendency of a timely-filed "Fed. R. App. P. 4(a)(4) motion, " the notice of appeal is ineffective until entry of this Court's order disposing of the motion. Further, the proceedings in the Court of Appeals will be held in abeyance pending this Court's resolution of the motion. (Doc. 43.)
Although the time for filing a reply to Respondent's opposition to the motion for reconsideration has passed, Petitioner failed to file a reply.
B. Summary of the Chronology Pertinent to Equitable Tolling
Direct review of Petitioner's judgment concluded when the California Supreme Court (CSC) denied a petition for review on April 14, 2010, and the statute of limitations would otherwise have begun running ninety days later on July 14, 2010. However, because Petitioner had already filed in June 2010 a habeas petition in the trial court (the Kern County Superior Court or KCSC), the pendency of the KCSC habeas petition statutorily tolled the running of the statute of limitations until August 25, 2010, when the KCSC denied the petition and sent notice of the denial to Petitioner.
The statute began to run again on August 26, 2010, and expired on August 25, 2011. During that time interval, Petitioner filed a petition here, which was pending between August 17, 2011, and February 13, 2012, when it was denied without prejudice for being a mixed petition containing a claim as to which state court remedies had not been exhausted.[3] Petitioner asserted that he had mailed the petition to the state intermediate appellate court (California Court of Appeal or CCA), which had in turn erroneously forwarded it to this Court; he had never intended to file a petition in this Court at that time, but rather to exhaust his state court remedies by filing in the CCA. Further, he alleged that it was not until October 3, 2011, that he received notice of the KCSC's denial of his habeas petition that had been filed and mailed on August 25, 2010. Petitioner sent inquiries seeking a decision on the petition to the KCSC on June 26, 2011; July 25, 2011; and August 9, 2011. Petitioner also filed a motion for a transcript in the KCSC on or about August 13, 2011, which was denied by the KCSC on September 29, 2011, in a decision stating that the petition remained denied, and it had no authority to reconsider the petition. Petitioner filed in the California Supreme Court (CSC) a second state habeas petition on April 28, 2012, after the limitations period had run. The petition was resubmitted but disregarded by the CSC in August 2012.
The petition in the instant case was dismissed because of the long delay between the KCSC's denial of August 25, 2010, and Petitioner's first inquiry seeking a decision that was directed to the KCSC on June 26, 2011. Further, the Court concluded that Petitioner had delayed in the exhaustion of his state court remedies between October 2011, when he received notice that the KCSC had denied his petition, and April 28, 2012, when he filed a petition in the CSC. Largely on the basis of these delays, Petitioner was found not to have been sufficiently diligent to warrant equitable tolling. (Fdgs. & recs. to dimiss pet., doc. 28, 15-27.)
II. Motion for Reconsideration
In the motion currently before the Court, Petitioner seeks this Court to reconsider the motion to dismiss, the Court's decision not to issue a certificate of appealability, and Petitioner's "last objection to findings and recommendations...." (Mot., doc. 34, 1.) Petitioner asks for this Court to conduct a de novo review of Petitioner's "mental files" in prison. (Id.)
A. Summary of the Allegations regarding Petitioner's Mental Condition
In the motion for reconsideration, Petitioner alleges that he is under psychiatric treatment for mental illness. He alleges that he "has been on some type of [psychotropics] [his] entire incarceration." (Mot., doc. 34, 1.) Petitioner alleges the following in pertinent part:
THE MEDICATIONS THAT PETITIONER HAS BEEN UNDER FOR MENTAL ILLNESS, THE DROWSYNESS (sic), THE PERIODS OF INABILITY TO THINK PROPERLY. PETITIONER ASKS THIS COURT TO CONDUCT A de NOVO REVIEW OF MENTAL HEALTH FILES OF THE PETITIONER'S [PSYCHIATRIC] MEDICATIONS, THE SUICIDE WATCH, THE DEPRESSIVE BOUTS THAT RESTRICTS PETITIONER TO HIS BED OFTEN SINCE THE BEGINNING OF PETITIONER'S PRISON TERM AND, BUT NOT LIMITED TO THE BEGINNING OF THIS HABEAS CORPUS WRIT. PETITIONER IS AN ACTIVE PARTICIPANT IN THE MENTAL [HEALTH] DELIVERY SYSTEM AT THE C.C.C.M.S. LEVEL OF CARE, HERE IN THE CALIFORNIA DEPARTMENT OF CORRECTIONS.
(Doc. 34, 2.)
Petitioner further alleges:
AT THE TIME OF PETITIONER'S ORIGINAL PETITION WAS FILE INTO THE K.C.S.C. UP UNTIL NOW, PETITIONER'S MENTAL ILLNESS AND MEDICATION HAS BEEN A SERIOUS FACTER (sic) IN MY TIMELY FILINGS TO THIS COURT.
(Id. at 1.)
Petitioner's last objection to the findings and recommendations was filed on July 15, 2013. (Doc. 29.) In pertinent part, Petitioner stated that he intended the first federal petition to be filed in the California Court of Appeal (CCA), addressed it to the CCA, had no idea how it got here but states that it was erroneously sent to this Court. Petitioner did not control the mail, and he asserts generally that someone or something from the prison system or the CCA obstructed justice. Petitioner states that when that petition was dismissed, Petitioner filed on May 3, 2013, in the same action, a notice asking this Court to stay the proceedings to permit him to exhaust his petition in the CSC; thus, his federal action was timely filed. (Id. at 1, 4-6.)
Further, in the objections, Petitioner refers to the "small and limited amount of prison legal law library and its staff, " and states that he "went through desperate measures to obtain the actual time the K.C.S.C. had to send a habeas corpus review decision." (Id. at 6.) He states that he sent several letters to the KCSC regarding the decision and did not know about a sixty-day limit in the KCSC. (Id.)
B. Analysis
A motion for reconsideration is treated as a motion to alter or amend judgment under Fed.R.Civ.P. 59(e) if it is filed within the time limit set by Rule 59(e). United States v. Nutri-cology, Inc. , 982 F.2d 394, 397 (9th Cir. 1992). Otherwise, it is treated as a motion pursuant to Fed.R.Civ.P. 60(b) for relief from a judgment or order. American Ironworks & Erectors, Inc. v. North American Const. Corp. , 248 F.3d 892, 989-99 (9th Cir. 2001). A motion to alter or amend a judgment pursuant to Fed.R.Civ.P. 59(e) "must be filed no later than 28 days after the entry of the judgment." Fed.R.Civ.P. 59(e).
1. Relief pursuant to Fed.R.Civ.P. 59(e)
Relief pursuant to Fed.R.Civ.P. 59(e) is appropriate when there are highly unusual circumstances, the district court is presented with newly discovered evidence, the district court committed clear error, or a change in controlling law intervenes. School Dist. No. 1J, Multnomah County, Oregon v. AcandS, Inc. , 5 F.3d 1255, 1262 (9th Cir. 1993). To avoid being frivolous, such a motion must provide a valid ground for reconsideration. See, MCIC Indemnity Corp. v. Weisman , 803 F.2d 500, 505 (9th Cir. 1986).
Petitioner appears to argue that he is entitled to equitable tolling because of his mental illness and treatment for mental illness. The underlying evidence regarding Petitioner's mental illness and treatment consisted of matter within Petitioner's personal knowledge at the pertinent time, and thus it cannot be said to constitute newly discovered evidence. No change in controlling law has intervened, and Petitioner does not make a showing of any clear error on the part of the Court in its ruling on the motion to dismiss.
However, in an abundance of caution with regard to the limitations placed on pro se petitioners who are suffering from mental illness, the Court will consider Petitioner's claim concerning his mental illness to raise unusual circumstances.
a. Equitable Tolling for Mental Illness
The one-year limitation period of § 2244 is subject to equitable tolling where the petitioner shows that he or she has been diligent, and extraordinary circumstances have prevented the petitioner from filing a timely petition. Holland v. Florida, ___ U.S. ___ , 130 S.Ct. 2549, 2560, 2562 (2010). Petitioner bears the burden of showing the requisite extraordinary circumstances and diligence. Chaffer v. Prosper , 592 F.3d 1046, 1048 (9th Cir. 2010). A petitioner must provide specific facts regarding what was done to pursue the petitioner's claims to demonstrate that equitable tolling is warranted. Roy v. Lampert , 465 F.3d 964, 973 (9th Cir. 2006). Conclusional allegations are generally inadequate. Williams v. Dexter , 649 F.Supp.2d 1055, 1061-62 (C.D.Cal. 2009). The petitioner must show that the extraordinary circumstances were the cause of his untimeliness and that the extraordinary circumstances made it impossible to file a petition on time. Ramirez v. Yates , 571 F.3d 993, 997 (9th Cir. 2009).
In Bills v. Clark , 628 F.3d 1092, 1093 (9th Cir. 2010), the court concluded that equitable tolling is permissible when a petitioner can show a mental impairment so severe that the petitioner was unable personally to understand either the need to file timely or to prepare a habeas petition, and that impairment made it impossible under the totality of the circumstances to meet the filing deadline despite petitioner's diligence. Bills v. Clark , 628 F.3d 1092, 1093. The court focused its inquiry on the ability of petitioners to comply with what the law requires given their particular circumstances, stating the test as follows:
With these cases in mind, we conclude that eligibility for equitable tolling due to mental impairment requires the petitioner to meet a two-part test:
(1) First, a petitioner must show his mental impairment was an "extraordinary circumstance" beyond his control, see Holland, 130 S.Ct. at 2562, by demonstrating the impairment was so severe that either
(a) petitioner was unable rationally or factually to personally understand the need to timely file, or
(b) petitioner's mental state rendered him unable personally to prepare a habeas petition and effectuate its filing.
(2) Second, the petitioner must show diligence in pursuing the claims to the extent he could understand them, but that the mental impairment made it impossible to meet the filing deadline under the totality of the circumstances, including reasonably available access to assistance. See id.
To reiterate: the "extraordinary circumstance" of mental impairment can cause an untimely habeas petition at different stages in the process of filing by preventing petitioner from understanding the need to file, effectuating a filing on his own, or finding and utilizing assistance to file. The "totality of the circumstances" inquiry in the second prong considers whether the petitioner's impairment was a but-for cause of any delay. Thus, a petitioner's mental impairment might justify equitable tolling if it interferes with the ability to understand the need for assistance, the ability to secure it, or the ability to cooperate with or monitor assistance the petitioner does secure. The petitioner therefore always remains accountable for diligence in pursuing his or her rights.
Bills v. Clark , 628 F.3d at 1099-1100. The standard thus requires evaluation of the petitioner's ability to understand the need to file within the limitations period and to submit a minimally adequate habeas petition as well as the petitioner's diligence in seeking assistance with what he could not do alone; relief is available if the mental impairment rendered timely filing impossible or even where it would have technically been possible for a prisoner to file a petition, but a prisoner would have likely been unable to do so. Id. at 1100 n.3. The court set forth the following analytical path for a district court to follow:
In practice, then, to evaluate whether a petitioner is entitled to equitable tolling, the district court must: (1) find the petitioner has made a non-frivolous showing that he had a severe mental impairment during the filing period that would entitle him to an evidentiary hearing; (2) determine, after considering the record, whether the petitioner satisfied his burden that he was in fact mentally impaired; (3) determine whether the petitioner's mental impairment made it impossible to timely file on his own; and (4) consider whether the circumstances demonstrate the petitioner was otherwise diligent in attempting to comply with the filing requirements.
Bills v. Clark , 628 F.3d at 1100-1101. With respect to the necessary diligence, the petitioner must diligently seek assistance and exploit whatever assistance is reasonably available. Thus, this Court should examine whether the petitioner's mental impairment prevented him from locating assistance or communicating with or sufficiently supervising any assistance actually found. Id. at 1101.
Here, the details of Petitioner's mental condition during the pertinent time are not before the Court. Petitioner has not made a showing that severe mental illness prevented timely filing under the standards of Bills v. Clark .
However, whether the limitations period for federal habeas should be equitably tolled depends on Petitioner's mental illness. The Court must determine whether Petitioner is entitled to further factual development of his claim of entitlement to equitable tolling because of mental illness during the period in which he could have timely filed by considering in turn whether Petitioner has set forth good-faith allegations which would entitle him to equitable tolling and whether there are circumstances consistent with the petition under which Petitioner would be entitled to equitable tolling. See, Laws v. Lamarque , 351 F.3d 919, 922-24 (9th Cir. 2003) (concerning mental incompetence).
In Laws, the court considered a petitioner's claim that he had been incompetent and thus had been precluded from communicating with the court during the pertinent filing period. The Petitioner had a documented history of mental condition bordering on incompetence at times other than the pertinent filing period, including pretrial referral for examination and hearing pursuant to Cal. Pen. Code § 1368, which had resulted in the trial court's finding of competence to stand trial after three psychiatrists and two psychologists disagreed on the issue. In the federal proceeding, the Petitioner alleged that he had been incompetent during the pertinent filing period and that he had ingested medications that had deprived him of any kind of consciousness. Although medical records for the pertinent filing period were not before the court, the petitioner's sworn allegations were unrebutted.
The Laws court concluded that the trial court had erred in denying the claim of equitable tolling on the ground that the petitioner had failed to establish that the incompetence rendered it impossible for him to file timely. The court rejected putting the burden of persuasion on the petitioner at that point in the proceedings, and it held that in light of the sworn allegations of mental incompetence before the court, the petitioner was entitled to further factual development in the form of discovery or expansion of the factual record pursuant to Habeas Rules 6 and 7. Further factual development was warranted because there were "circumstances consistent with petitioner's petition... under which he would be entitled to a finding of... equitable tolling" for further factual development to be required. Laws , 351 F.3d at 924 (quoting Whalem/Hunt v. Early , 233 F.3d 1146, 1148 (9th Cir. 2003), where the court concluded that the district court had wrongly precluded further factual development, such as an opportunity for the petitioner to amend his declaration and for the respondent to respond, because it had wrongly concluded that there were no circumstances consistent with equitable tolling where the petitioner alleged a complete absence of pertinent legal research materials at his institution of confinement during the pertinent filing period).
Review of the findings and recommendations regarding the motion to dismiss reflects that direct review of Petitioner's criminal judgment concluded on April 14, 2010, when the California Supreme Court (CSC) denied Petitioner's petition for review. The statute of limitations would have begun to run ninety days thereafter on July 14, 2010, but it was tolled by the pendency of the first state petition for collateral relief, which Petitioner had filed in the Kern County Superior Court (KCSC) before the statute of limitations began to run. When the KCSC denied the petition on August 25, 2010, the statute began to run the next day and expired one year later on August 25, 2011, months before Petitioner filed his second and final state habeas petition (in the CSC) on April 28, 2012, which was subsequently denied on July 11, 2012. No state petitions were filed during the interval between August 2010 and August 2011, but Petitioner filed a previous federal habeas petition on August 17, 2011, which was dismissed without prejudice because some of the claims were not exhausted. Petitioner also alleges that he lacked notice of the KCSC denial during that time. (Fdgs. & recs. filed June 11, 2013, doc. 28, 4-9.)
The relevant time period for Petitioner's equitable tolling claim is from August 26, 2010, the date the statute began running, through July 20, 2012, the date Petitioner constructively filed the petition in the present case.
Fairly and liberally read, Petitioner's allegations concerning his mental condition constitute good faith allegations that might entitle Petitioner to equitable tolling. During the pertinent time period, Petitioner was being treated for mental illness, specifically, depression, which periodically rendered Petitioner bedridden and, it may be inferred, reached suicidal intensity on more than one occasion. Placement on suicide watch could warrant a conclusion that a prisoner was unable to manage his own affairs. Petitioner was on psychotropic medications; he suffered drowsiness and inability to think properly, two phenomena that might explain delay, error, or confusion with respect to exhaustion of state court remedies. Petitioner himself states that his illness and treatment were serious factors in the timeliness of his petition. Further, he had difficulty gaining sufficient access to legal resources.
It is true that Petitioner filed a federal petition and a state petition during the during the pertinent time period. However, the record as it presently stands would also support an inference that Petitioner suffered misunderstandings concerning various procedures or filings associated with state court and federal court proceedings, and it is possible that mental illness affected Petitioner's ability either to file a timely petition or to marshal the resources to do so. Further, he suffered a significant delay in receiving notice of the KCSC's denial of his petition, a factor beyond his control. It is possible that Petitioner's mental condition could explain the significant delays that otherwise signal a lack of diligence. Petitioner's unrebutted, sworn allegations suggest that it is possible that due to severe mental illness and treatment for his illness during the relevant period of time, Petitioner was unable personally to prepare a timely petition, effectuate its timely filing, or obtain the assistance necessary to do so.
Respondent may ultimately be correct that Petitioner has not shown that a severe mental illness actually impeded the timely filing of his federal petition. However, at this point, the Petitioner's sworn allegations are unrebutted, and there is an absence of medical evidence. The record is not adequately developed to permit the Court to evaluate the strength of Petitioner's claim of entitlement to equitable tolling on the basis of mental illness and treatment therefor.
Accordingly, ruling on Petitioner's motion for reconsideration pursuant to Rule 59 will be deferred. The record will be expanded to include Petitioner's medical records concerning his mental condition for the period of August 26, 2010, through July 20, 2012, and the parties will have an opportunity to submit additional briefing and documentation.
III. Disposition
Accordingly, it is ORDERED that:
1) Consideration of Petitioner's motion for reconsideration is DEFERRED pending receipt of Petitioner's medical records and additional input from the parties; and
2) Respondent shall FILE no later than forty-five (45) days after the date of service of this order copies of Petitioner's medical records concerning his mental condition for the period of August 26, 2010, through July 20, 2012; and
3) Respondent may FILE supplemental briefing and documentation concerning Petitioner's motion for reconsideration concurrently with the filing of the expanded record; and
4) Petitioner may FILE responsive briefing and documentation no later than thirty (30) days after the date of service of Respondent's supplemental briefing.
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Single family home has 4 beds, 2 baths, 1,712 sq. ft., 12,915 lot size, was built in 1968 and is pet friendly. Offered as for sale by owner with a price of $2,168.
|Rental Fee
|Property Type
|Single-Family Home
|Not available
|1,712 sq. ft.
|Pets Allowed
|Please inquire
|Provided By
|Direct Link
|Last Updated
|5 days ago
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text: Also, a bit of good news on an answered prayer. A reader writes: I found this to be very uplifting and thought you might want to share it with your readers. God bless. Paper made at WMU to provide clean water for impoverished countries Also here is a link to the other company involved. I [Read More…]


text: Cotton Candy Clouded Mountain by Balloon Tooth published on 2011-07-04T18:30:39Z first completed song off second album (still working on) Genre Electronic Comment by Balloon Tooth @duttonsayshi: thanks! :D 2011/12/06 19:19:03 +0000 Comment by DuttonsaysHi Nice melody :P you're music is fun as hell, I love it! 2011/12/06 19:08:43 +0000 Comment by Balloon Tooth @mattir: thanks! yeah the vocoder is really fun i just have trouble coming up with vocal melodies for it lol. 2011/11/03 19:13:45 +0000 Comment by mattir nice autotune! this is really cool. very cartoon-ish but somehow with a dark feeling. that goes for all your tracks i heard yet. i dig it! 2011/11/03 18:50:45 +0000 Comment by Balloon Tooth @mannerisms: i don't think i've heard that one yet, i'll have to check it out to see the resemblance. thanks for listening btw! 2011/09/15 19:53:39 +0000 Comment by Corvorum nice drop 2011/08/04 08:30:25 +0000 Comment by Corvorum >dat extra melody 2011/08/04 08:30:09 +0000 Comment by Balloon Tooth @potentialelectron: sorry i just saw this just now lol. nah i just use an the korg electribe emx-1 and a microkorg xl. thanks so much for enjoying and soooorry i just saw this 16 days later lol. sorry! 2011/08/04 08:22:00 +0000 Comment by Potential Electron Amazing...thank you for making this. can i ask if you use a particular computer program? 2011/07/19 00:10:27 +0000 Comment by Balloon Tooth @friday-fox: lol thanx for all the comments. i used a vocoder (microkorg xl) and then i went back and whispered the vocals through a distortion effect and put them both together. it's really cheap i guess lol. 2011/07/18 18:38:29 +0000 Comment by Echo Saw i like these robo vocals. how did you do them? 2011/07/18 18:36:08 +0000 Comment by Echo Saw Nice bass. It like the robotic vocals 2011/07/18 18:35:03 +0000 Comment by Echo Saw Really happy sounding synth there :) 2011/07/18 18:34:20 +0000


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Posted at: Offers to Sell and Export | Posted on: Fri 28 May, 2010 2:49 am |
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Butterfly valves
1. Design Standard: API 609
2. Face to Face: API 609
3. Flange Ends: ANSI
4. Test and Inspection: API 598
Butterfly valves are valves with a circular body and a rotary motion disk closure member which is pivotally supported by its stem. A butterfly valve can appear in various styles, including eccentric and high-performance valves. These are normally a type of valve that uses a flat plate to control the flow of water. As well as this, butterfly valves are used on firefighting apparatus and typically are used on larger lines, such as front and rear suction ports and tank to pump lines. A butterfly valve is also a type of flow control device, used to make a fluid start or stop flowing through a section of pipe. The valve is similar in operation to a ball valve. Rotating the handle turns the plate either parallel or perpendicular to the flow of water, shutting off the flow. It is a very well known and well used design.
Wafer-style butterfly valves
The wafer style butterfly valve is designed to maintain a seal against bi-directional pressure differential to prevent backflow in systems designed for unidirectional flow. It accomplishes this with a tightly fitting seal, i.e., gasket, o-ring, precision machined, and a flat valve face on the upstream and downstream sides of the valve.
Lug-style butterfly valve
Lug-style valves have threaded inserts at both sides of the valve body. This allows them to be installed into a system using two sets of bolts and no nuts. The valve is installed between two flanges using a separate set of bolts for each flange. This setup permits either side of the piping system to be disconnected without disturbing the other side.
A lug-style butterfly valve used in dead end service generally has a reduced pressure rating. For example a lug-style butterfly valve mounted between two flanges has a 150 psi pressure rating. The same valve mounted with one flange, in dead end service, has a 75 psi rating.
Company Contact:
Contact Name: Lincoln
Company Name: Shanghai Teyi Valve Manufacturing Co., Ltd.
Tel: 86-21-56357957
Fax: 86-21-56357967
Street Address: 188# Xingli Road,
Qingpu Industrial Park, Shanghai,
China 201711
Member name: theonevalve
Member Since: 19 April 2010
Total Leads:
11 theonevalve Import Export Business Leads
Business focus: Valves, Pipe Fittings, Pump
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