text:
Indian shippers who have been reeling from unpredictable demand may have some cost relief on the way after the Directorate General of Shipping and stakeholders moved a step closer to reaching an agreement over abolition of shipping surcharges.
Press Releases
Danish delegation led by Minister for Trade and Economic Affairs, Denmark visits APM Terminals CFS facility in Dadri
02 Oct 2015
The Indian government approved allocating Rs. 468 crore (approximately $72 million) to set up basic infrastructure for the long-awaited special economic zone at Jawaharlal Nehru Port Trust, allowing the country's largest container handler to begin construction on a project that is designed to help drive up its cargo volumes.
30 Sep 2015
Jawaharlal Nehru Port Trust, India's biggest container handler, is increasing intermodal train deployments and rolling out more proactive measures in an effort to alleviate the backlog of containerized freight built up during the past few weeks.
28 Sep 2015
The Indian federal government is retreating from a controversial "corporatization" plan to transform 'major', or public, port trusts into independent companies following stiff opposition from labor unions and some political groups, dealing a big blow to Prime Minister Narendra Modi's reform efforts to stimulate trade and economic growth.
25 Sep 2015
Major road crossings along the India-Nepal border were closed Wednesday and while the border remains open for people crossing on foot or by bicycle, vehicles have been prevented from crossing by protesters on the Nepalese side and by India's Armed Border Force, the Sashastra Seema Bal or SSB, citing unrest as a security concern.
25 Sep 2015
India's director general of shipping Deepak Shetty said that while the country is working to streamline its bureaucracy to facilitate maritime trade, the total removal of cabotage protections was out of the question.
25 Sep 2015
Maersk Line announced it is postponing by a month the implementation of the general rate increase it planned to apply Oct. 1 on the Mediterranean-India trade lane.
23 Sep 2015
India's Jawaharlal Nehru Port Trust, which has been hit hard by a series of labor and other disruptions in the past few months, is turning things around with more intermodal services and the introduction of other proactive steps.
22 Sep 2015
The Federation of Ship Agents' Association of India, representing ocean carrier agents, claims APM Terminals-operated Gateway Terminals India may be violating its concession contract with the port authority, causing off-and-on labor disruptions at Jawaharlal Nehru Port Trust, India's biggest container gateway.
18 Sep 2015
In a followup to its earlier directives, India's biggest container handler, Jawaharlal Nehru Port Trust, has set Dec. 31 as the date by which shipping lines and related stakeholders should set up a paperless system for issuing import delivery orders to cargo interests.
16 Sep 2015
India's global merchandise exports tumbled 20.7 percent year-over-year in August, the ninth straight month of declines, even as the Narendra Modi-led government continues to roll out new schemes to stimulate trade and economic growth.

subset: commoncrawl


text:
Want to travel around the world in search of knitting utopia? Clara Parkes has you covered in her book Knitlandia
Note: a reader suggested that I review certain knitting books and knitting-related novels. I LOVE this idea, if only because I don't read as much as I would like to, and this will encourage me to read more! So here's my very first knitting book review: Clara Parkes' Knitlandia.
Because I myself am a writer, I tend to compare myself to nearly every other writer I read, whether it's in blogs, magazines and newspapers, or books. And the highest compliment I tend to give to a writer whose work I love is, "I should probably quit, because I'll never write that well!" This is how I felt almost from the moment I began reading Knitlandia by Clara Parkes. I've been a fan of Clara's since I first received her wonderful knitting newsletter "Knitter's Review," simply because I was in awe of her knowledge of and passion for yarn and knitting. I own another of her books, The Knitter's Book of Socks, and it is a precise, detailed book packed with tremendous information that, somehow, avoids tedium.
A Different Kind of Book from Clara Parkes
Knitlandia is a very different sort of book from The Knitter's Book of Socks. It is, above all, a storybook, and Clara's ability to paint pictures with words are just about unmatched. A few quick examples from her chapter entitled "Big Fleece and Fried Dough": "Hand-dyers are like microbreweries when it comes to naming things. The more nonsensical, the better." (This after mentioning two skeins of yarn: one called "Skanky Hag," the other "Formica Puppy.") And another: "The stitch was simple feather and fan, but the yarn gave it the heft and warmth of a sleeping Maine Coon."
For a book about adventures in the yarn industry, it shines the brightest when it's sharing stories of the people. The very first chapter, "Chasing a Legend in Taos," about La Lana Wools legend Luisa Gelenter, captivated me so with its description about the force of nature that was Luisa that I entertained insane thoughts about trying to write a biographic book about her. "Naked Lopi," about Clara's adventure in Iceland, offered a similarly compelling portrait of the gentle yet proud people of that breathtaking country. Even a sad story in the aforementioned "Big Fleece and Fried Dough" gave a bit of needed gravity, lest we knitters imagine that any place where a big hub of knitters congregate must automatically be utopia.
There's also humor aplenty. Clara has a quick wit and a playful way with words. Her take on the "walk of shame" (the knitter laden with bags of fiberstuffs on his/her way back to the car, possibly for more than one trip, following a fiber festival excursion) left me in giggles, and as for a certain story in "Naked Lopi"… well, you'll know it when you read it, trust me. I first read it in a quiet classroom while monitoring a test at an elementary school, and I had quite a time of it trying to stifle my urge to laugh hysterically!
I hope Clara (or her publisher) has plans to produce an audiobook. (It's currently available only in hardcover and on Kindle.) Because, this being a book about travels in and around knitting, her descriptions of yarns and knitting patterns are practically palpable, and they make one want to knit more than anything else. Please, Clara or Abrams, make this an audiobook so that knitters can listen while they knit. Don't make us choose between reading your wonderful book and knitting.
Note: since writing this, an audiobook version has indeed been released. Hurray!
For those of us who would love to travel the world in search of sheep, wool, knitting classes, or just about anything else having to do with our favorite fibercraft, Knitlandia offers one heck of a virtual substitute. By the end you'll feel like Clara has taken you in her rucksack on her many adventures, and you'll feel like you've added a few stamps into your passport.
Want to travel with Clara? You can order Knitlandia: a Knitter Sees the World for yourself here.
(This post contains an affiliate link. See my Disclosure Policy for more information.)


text: I would like to use my yamaha mixer for playback from the digi 003. When i hook it up to the mixer I get sound from one channel only. When i hook the digi straight to the studio monitors I get full sound out of both channels. Can any one direct me how to hook up the digi to the mixer?


text:
how do i get rid of acne on my arms and chest?
I use to get a few bumps every now and then but sinc ei have been pregnant it has gotten a lot worse on my chest and arms. I am 22 weeks and i have been using proactiv body wash and it doesnt seem to help any. Could someone please help me on this and give me some advice. Thanks!
Posted: 06/11/2012 by krisstroud33
Answer this question


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The Atlantic Meeting Room is located on the 1st floor of the hotel, with separate entrance and easy access to exits, restrooms, and guest kitchen. The room features 2 80" televisions, Bose sound system, and floor to ceiling windows. The room connects to our Pineapple Boardroom as well as the semi-private Sun Room, which is great for breakout meetings or lunches. Outside of the meeting space is 500 sq. ft. of space that can be transformed to the perfect exhibit space. The room can be divided into two equal spaces at 750 sq. ft. each. Complimentary Wireless internet is available throughout the meeting space.
The Pineapple Boardroom features a 12 top conference table with floor to ceiling windows, a 42" Flat Screen TV and Bose sound system.
Hutchinson Shores Resort & Spa offers a unique and relaxed experience, highlighted by miles of stunning beachfront and warm, personalized service.This new world-class resort features 176 rooms and 8 suites along with all the luxurious amenities.
An oasis, Kimpton Vero Beach Hotel & Spa invites you to unwind in style. Discerning travelers appreciate the sophistication and tranquility of this Kimpton Hotel. A perfect venue for meetings and functions.
The Hilton Garden Inn Palm Beach Gardens Florida hotel is the only hotel located in the heart of downtown at the Gardens in Palm Beach Gardens, within walking distance to numerous office buildings, shopping, and world class dining.


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♥ Add EpisodeTube.com to your favorite bar.
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A Prayer for Our Daughters
Plot: Barry and Molly respond in wildly different ways to a catastrophe that threatens to throw the country off course. Violent protests break out in Abuddin. Fauzi and Leila launch their political campaigns in earnest while Al-Qadi grapples with his delicate position between Islamic factions.
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"Visiting Alcatraz" Alcatraz Tip by rogfraser
Alcatraz, San Francisco: 292 reviews and 488 photos
Don't wait until you get to 'Frisco to book a place on a tour. Use the internet and book before you go.
We didn't book and by the time we got down to the waterfront, all the places had been taken.
Address: In the middle of San Fracisco Bay
Directions: Alcatraz is reached by ferries of the Blue and Gold fleet from Pier 41
Phone: Blue & Gold (415) 705-5555
Website: http://www.nps.gov/alcatraz
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Required skills:
- Knowledge and experience in managing projects using agile development frameworks like Scrum.
- Must have software product background.
- Must have built product(s) that leveraged big data to work.
- Preferred experience in Genomics, DNA, Clinical Data, Healthcare domain.
- Exposure to cutting edge of big data technology, creating enterprise scale products, using large and diverse datasets
- The individual will manage a cross functional team of data scientists, product managers and software developers in an innovation-driven environment.
- Should have sufficient knowledge about several programming languages such as Python, R, Java, Ruby, Clojure, Matlab, Pig or SQL
- Familiar with NLP, Machine Learning, Statistical Analysis, Predictive Modeling.
Big Data Ruby Projects Agile Development Agile Frameworks Machine Machine Learning


text:
Odoo Help
This community is for beginners and experts willing to share their Odoo knowledge. It's not a forum to discuss ideas, but a knowledge base of questions and their answers.
Developer mode not loading
Byon 8/14/14, 5:12 AM • 1,169 views
test user
Hi all,
- The about screen shows the "activate the developer mode".
- System is working normally for normal activities (no delay)
- When clicking activate developer mode, the developer mode doesn't show up at all or in some rare cases extremele slow.
- This is a test environment running on ubuntu and I'm the only user currently logged on
- Technical features for admin user enabled
Anyone any idea how to solve this?
Try putting the string debug in your url and see what happens.
Example; demo.odoo.com/web/?debug
Your Answer
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text:
3-Peppercorn Hazelnut Soup
Total Time
1hr 50mins
Prep 15 mins
Cook 1 hr 35 mins
Don't you look forward to a hearty bowl of soup on a cool fall evening? I do! Adapted from Chef2Chef.
Ingredients Nutrition
- 1 quart vegetable stock or 1 quart chicken stock
- 1 cup lentils
- 1⁄2 cup chopped onion
- 1⁄2 cup chopped carrot
- 1⁄4 cup chopped celery
- 2 garlic cloves
- 1⁄2 teaspoon coriander
- 1⁄2 teaspoon fenugreek seeds (optional)
- 1⁄4 teaspoon cumin
- 2 cups water
- 1 1⁄2 cups hazelnuts, toasted and chopped
- 1 teaspoon peppercorn blend (pink, green and black, cracked)
- 2 tablespoons parsley, chopped
- 1 tablespoon butter, melted
- 1 tablespoon flour
- To make roux:.
- Mix the butter and flour together and work into a paste. Cook in a small skillet, stirring constantly for 4 minutes over medium heat. Set aside.
- Combine stock, lentils, onions, carrots, celery, garlic, coriander, fenugreek and cumin in a heavy 3-quart saucepan. Bring to a boil, reduce heat and simmer for 1 hour.
- Remove from heat and carefully purée in a blender and return to pot. Add water, hazelnuts, parsley and peppers and simmer 15 minutes. Thicken by beating in roux and cooking an additional 15 minutes. Season to taste. Garnish with a dollop of sour cream, chopped scallion or chives and hazelnuts.
- Note: To make a roux, mix equal parts of melted butter and flour and work into smooth paste. Cook, stirring constantly for 4 minutes over medium heat.
Most Helpful
Cut this recipe in half and used yellow lentils for better eye appeal. Very easy but elegant soup! Be sure to toast the hazelnuts for depth. Thanks for posting this, dear Sharon!


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text: South Korea GDP Rises 0.9% On Quarter In Q1 4/25/2012 7:12 PM ET South Korea's gross domestic product added 0.9 percent in the first quarter of 2012 compared to the previous three months, the Bank of Korea said on Thursday in an advanced estimate.That was in line with expectations following the 0.3 percent gain in the previous three months.On a yearly basis, GDP was up 2.8 percent - missing forecasts for a 3.0 percent gain following the 3.3 percent increase in the fourth quarter of 2011. by RTT Staff WriterFor comments and feedback: email@example.com NewsWhat parts of the world are seeing the best (and worst) economic performances lately? Click here to check out our Econ Scorecard and find out! See up-to-the-moment rankings for the best and worst performers in GDP, unemployment rate, inflation and much more. Fast Food Giants Expanding Around The World Rookie Sensations: The Best IPO performances of 2016 2016: Quiet Acquisitions With Huge Upside Potential


text:
Basset+hound is the number 100+ most popular animal breed on Cuteness.com.Back to Animal Breeds
Hector is a sweet boy. He is smart & performs many tricks for treats of course. He is very social. We got him when he was 7 weeks old. He was the only one with his coloring. We won the lottery with Hector. He is such a great dog.
I am a basset hound from bluegrass basset rescue in Ky. The breeder dumped me, my siblings, and my mama. I don't know why? I've been in my furever home since Feb.'12. I am very happy, my new mom is a dog trainer. Breeder = loser, Me wins!!
Shelby is a loving, caring. sweet and silly best friend.
I am so cute it isn't funny my mama laughs so hard at me for some reason she just loves to hear me bark. She just gets so tickled I wonder sometimes if she is ok. The reason she is my mama somebody dropped me off at her shop. She found me under the porch ramp. I was eat up with ant bites even my mouth that was about 3 weeks ago. She took me to the vet got me wormed and keeps bathing me, she says I stink. But I think its just because all those ant bites are healing up. I am sure I want still to much longer. Her husband Russell my daddy said she could keep me. Thats why my name is Henry she named me after him. She said he has never acted like he liked a dog before me. I reaken that is kinda good for me. I stay on the back porch waiting for somebody to open the door to play most of the time. I started learning how to go up the drive way mama don't like that she says. So now she lets me ride with her on the golf cart to take the kids to the bus stop in the mornings and afternoon. My family is great I love that little boy. He plays with me alot!
My mom loves me sooooo much. My pop tolerates me cuz sometimes I get on his last nerve, whatever a nerve is. I have 2 brothers Bravo and Thor. They annoy me terribly. I love to sing, eat and sleep, and did I mention eat?
Hi i'm Clara, and I'm a Basset Hound/Beagle mix. I like long naps, yet my owners do not like that, since I snore a lot. I am also a bit clumsy, I remember once... I fell down the stairs. But, I am alright now. I hope to make new friends here, since I am pretty sick of hanging around with my two sisters.
Well lets see I'm frank and my human parents adopted me when I was 6 months old and they got me from BROOD which is a basset rescue I'm 6.5 yrs old and right now going through some life's troubles. At the beginning of this yr I came down with IVDD which is a disc disease in my back which had made it to where I loss the use of my back legs and it really hurt my dad. But he is a great sport and sleep with me on the floor for the first 2.5 weeks and now me and him are able to sleep in the futon. It has been almost 4 weeks for my injury and as time goes on I get better because now I can start to walk again well drunk walk as dad would say but it is a huge improvement for me since it was looking like that my parents might have had to put out over $6000 for my surgery. So dad thought quick and he made me a website and had all of our friends and family donate money to help me get better if you like to check it out you can. It has been turned into a new pet community and the link is in my profile. So that my story and now her is my sister Mj's She is 2 months older then me and my parents got her off of craigslist for me to play with and we have been together like glue ever since. She was 1yr 2mo old when she came to us so I was still a puppy and it was love at first sight BOL ( Bark out loud ). She is the lover of all people and I'm more like I have to get to know you first. But I love all animals to where she just loves me and tolerates the others we also have a new brother his name is Fred and he is also a basset and he is 2 yrs old. He is also a rescue and he is also a red/white and is now my sisters new playmate since I can't run around anymore but some day I will show him I'm the big boy here BOL. We also have 3 cat siblings I'll have my dad make a bio for them later since he has to carry me outside right now. TTYAL
Penny is half americanbulldog and half basset hound. She was the runt of the litter and we are lucky enough to have this sweet little girl who by the way cost us "a pretty PENNY" ;)
I am spoiled and I love my mom.. I love belly rubs, walks, love to run, and most of all food...
Hi, I am Tipsy McDoodle Dorf, but my friends call me "Doodle". I am a Basset Hound, so of course, I love to track. When I go for my daily walk, sometimes I get so excited about tracking a scent, I forget I am with my humans....good thing they keep a leash on me or I would keep going and going, just like that tasty looking bunny on tv.
When not on my walks, I am pretty laid back. I like to sunbathe, sleep and just relax around the house. I love treats and milk-bones, but am pretty picky about what I eat. Hey, a girl has to watch her figure, right ladies? By the way, my roommate Gitmo thinks he can get 100 cuteness points before me, I keep telling him "Girls rule and PUGS DROOL!". So give me a cuteness point and help a worthy cause! Thanks!


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May 6, 2011
PATRICK WILLIAMS, PLAINTIFF,v.J. WALKER, ET AL.,DEFENDANTS.
Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed a motion requesting leave to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 302 and 28 U.S.C. § 636(b)(1).
I. Motion to Proceed In Forma Pauperis
In his motion to proceed in forma pauperis, plaintiff argues that he is in imminent danger of serious physical injury as referred to in 28 U.S.C. § 1915(g). As in his complaint, plaintiff contends that despite having a lower bunk chrono, he has been assigned to an upper bunk at his institution of confinement. (Mot. for IFP, Doc. No. 1 at 2.) In this regard, plaintiff alleges as follows in his motion:
Plaintiff suffers from a weak and severe painful lower back, he has had a neck fusion, suffers from side effects of valley fever and has had spinal cord fusion and right wrist surgeries, and been placed on "limited work duties" all of which makes it medically necessary and a medical necessity to be immediately placed on/assigned to a "lower bunk" permanently as a doctor ordered.
(Id. at 3.) Plaintiff also alleges that he has to climb up and down the upper bunk without a ladder and that his bunk assignment causes him to "reinjure himself when falling from the top bunk[.]" (Id. at 4.) Although court records indicate that on at least three prior occasions, plaintiff has brought civil actions while incarcerated that were dismissed as frivolous, malicious, or failed to state a claim*fn1 , it appears that plaintiff satisfies the "imminent danger" exception under 28 U.S.C. § 1915(g) in connection with this action. See Andrews v. Cervantes, 493 F.3d 1047, 1055 (9th Cir. 2007) (requiring the court to liberally construe plaintiff's allegations when making the imminent danger determination).
Nonetheless, plaintiff has not submitted the in forma pauperis application form employed by this court. Therefore, the court will order plaintiff to submit a properly completed application to proceed in forma pauperis. Plaintiff is cautioned that the in forma pauperis application form includes a section that must be completed by a prison official, and the form must be accompanied by a certified copy of plaintiff's prison trust account statement for the six-month period immediately preceding the filing of this action.
II. Screening Requirement
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1) & (2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). However, in order to survive dismissal for failure to state a claim a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic, 550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint. See Hospital Bldg. Co. v. Rex Hosp. Trustees, 425 U.S. 738, 740 (1976). The court must also construe the pleading in the light most favorable to the plaintiff and resolve all doubts in the plaintiff's favor. See Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
III. Deficiencies of Plaintiff's Complaint
In his complaint filed in this action plaintiff claims that his rights under the Fourteenth Amendment's due process and equal protection clause and Eighth Amendment have been violated. Plaintiff contends that defendants have "conspired to deny aforementioned constitutional protections to be assigned to a lower bunk, [which] resulted in unnecessary infliction of pain being deliberately indifference [sic] to plaintiff's serious medical needs." (Compl. (Doc. No. 1) at 5.) Plaintiff has attached to his complaint a "Comprehensive Accommodation Chrono," dated June 1, 2010 and signed by Dr. Andrew Nangalama, and which provides plaintiff with a permanent "Bottom Bunk" accommodation due to "Valley fever with complications and fused cervical spine." (Id. at 15.) In this action plaintiff has named as defendants Chief Medical Officer Walker, nurse Linggi, senior nurse Barajas, defendants Deems and Sumas with the California Department of Corrections and Rehabilitation's health care services, and the State of California. It appears that defendants Linggi, Barajas, Deems and Sumas have been named as defendants by plaintiff because of their involvement in his inmate appeal process. The State of California has apparently been named by plaintiff because it "is employer and sovereign entity establishing administrative and other process by which defendants are bound." (Id. at 7.) Plaintiff's complaint contains no factual allegations concerning defendant Chief Medical Officer Walker.
The allegations in plaintiff's complaint are so vague and conclusory that the court is unable to determine whether the current action is frivolous or fails to state a claim for relief. The complaint does not contain a short and plain statement as required by Fed. R. Civ. P. 8(a)(2). Although the Federal Rules adopt a flexible pleading policy, a complaint must give fair notice to the defendants and must allege facts that support the elements of the claim plainly and succinctly. Jones v. Community Redev. Agency, 733 F.2d 646, 649 (9th Cir. 1984). Plaintiff must allege with at least some degree of particularity overt acts which defendants engaged in that support his claims. Id. Because plaintiff has failed to comply with the requirements of Fed. R. Civ. P. 8(a)(2), the complaint must be dismissed. The court will, however, grant leave to file an amended complaint.
A. Defendant Walker
Supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior. Therefore, when a named defendant holds a supervisorial position, the causal link between him and the claimed constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations concerning the involvement of official personnel in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982). Accordingly, in any amended complaint he elects to file, plaintiff must allege facts demonstrating the defendant's personal involvement in the alleged violation of his constitutional rights or not name him as a defendant.
B. Defendant State of California
The Civil Rights Act under which this action was filed provides as follows: Every person who, under color of [state law] . . . 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 . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. "A person 'subjects' another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made." Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
The State of California is not a "person" and not a proper party. Will v. Michigan Dep't of State Police, 491 U.S. 58, 71 (1989) ("We hold that neither a State nor its officials acting in their official capacities are 'persons' under § 1983.") ; Wolfe v. Strankman, 392 F.3d 358, 364 (9th Cir. Dec. 14, 2004) (holding that the State of California may not be a defendant in a § 1983 action). The State of California should, therefore, not be named as a defendant in the event plaintiff elects to file an amended complaint.
C. Defendants Linggi, Barajas, Deems and Sumas
Although plaintiff has alleged that defendants Linggi, Barajas, Deems and Sumas were involved in his administrative appeal, it is not clear from the allegations of the complaint that they had any authority to move plaintiff to a lower bunk. In any amended complaint filed in this action, plaintiff must provide additional factual allegations clarifying the role and responsibility of each of these defendant. The amended complaint must allege in specific terms how each named defendant was involved in the deprivation of plaintiff's rights. There can be no liability under 42 U.S.C. § 1983 unless there is some affirmative link or connection between a defendant's actions and the claimed deprivation. Rizzo v. Goode, 423 U.S. 362 (1976); May v. Enomoto, 633 F.2d 164, 167 (9th Cir. 1980); Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978). Vague and conclusory allegations of official participation in civil rights violations are not sufficient. Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
D. Fourteenth Amendment Claim
The Due Process Clause protects prisoners from being deprived of liberty without due process of law. Wolff v. McDonnell, 418 U.S. 539, 556 (1974). In order to state a cause of action for deprivation of procedural due process, a plaintiff must first allege facts establishing the existence of a liberty interest for which the protection is sought. In his amended complaint, plaintiff must clarify what liberty interest he contends was violated by the named defendants. Plaintiff is cautioned that liberty interests created by prison regulations are limited to freedom from restraint which "imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin v. Conner, 515 U.S. 472, 484 (1995). In addition, plaintiff must allege with some specificity the procedural due process he claims he was not afforded.
As to plaintiff's claim that he was denied equal protection under the law, the allegations of his complaint are also deficient. In this regard, plaintiff has failed to allege facts explaining how he was treated differently, whether this treatment was due to some suspect classification, and in what way any adverse action taken against him was not reasonably related to legitimate penological interests. See Turner v. Safley, 482 U.S. 78, 89 (1987).
IV. Requirements for Amended Complaint
Plaintiff is informed that the court cannot refer to a prior pleading in order to make plaintiff's amended complaint complete. Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. This is because, as a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once plaintiff files an amended complaint, the original pleading no longer serves any function in the case. Therefore, in an amended complaint, as in an original complaint, each claim and the involvement of each defendant must be sufficiently alleged.
The court will direct the Clerk of the Court to provide plaintiff with the court's form complaint for a § 1983 action. Plaintiff must use this form for his amended complaint.
Accordingly, IT IS HEREBY ORDERED that:
1. Within thirty days from the service of this order, plaintiff shall submit a properly completed application to proceed in forma pauperis on the form provided with this order;
2. Plaintiff's complaint (Doc. No. 1) is dismissed;
3. Within thirty days from the service of this order, plaintiff shall file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the amended complaint must bear the docket number assigned to this case and must be labeled "Amended Complaint;" plaintiff shall use the form complaint provided by the Clerk of the Court;
4. The Clerk of the Court is directed to provide plaintiff with the court's application for leave to proceed in forma pauperis and form complaint for a § 1983 action; and
5. Plaintiff's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.
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text:
Cheesy, 3 Meats, Meatloaf
Total Time
Prep 20 mins
Cook 1 hr
This recipe came from a Taste of Home cookbook. This meatloaf is so amazingly good, I can't even explain it! I love cheese and I have never seen a meatloaf recipe that has cheese just seeping out, and the different meats make it wonderful! Oh, it's good. My hubby raved about this one. It's also great on sandwiches the next day!
Ingredients Nutrition
- 1 egg, beaten
- 1⁄4 cup dry breadcrumbs
- 3 slices bacon, cut into little pieces
- 1 small onion, chopped into little pieces
- 2 ounces cubed cheddar cheese
- 1⁄2 teaspoon salt
- 1⁄2 teaspoon pepper
- 1 1⁄2 lbs ground beef
- 1⁄2 lb pork sausage
- Combine the meats in the food processor until blended evenly.
- Stir the other ingredients in by hand.
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decided: March 16, 1973.
COMMONWEALTHv.GAMBRELL, APPELLANT
Appeal from judgment of sentence of Court of Common Pleas, Trial Division, of Philadelphia, Jan. T., 1962, No. 2098, in case of Commonwealth of Pennsylvania v. Raymond Gambrell.
Drew Salaman, Assistant Defender, with him Jonathan Miller, Assistant Defender, and Vincent J. Ziccardi, Defender, for appellant.
Linda West Conley, Assistant District Attorney, with her James T. Ranney and Milton M. Stein, Assistant District Attorneys, Richard A. Sprague, First Assistant District Attorney, and Arlen Specter, District Attorney, for Commonwealth, appellee.
Jones, C. J., Eagen, O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ. Opinion by Mr. Chief Justice Jones.
[ 450 Pa. Page 292]
On May 1, 1962, appellant, Raymond Gambrell, was convicted of second-degree murder following a trial in Philadelphia County before a judge sitting without a jury. After post-trial motions were denied, appellant was sentenced to a term of imprisonment of six to twelve years. An appeal was filed with this Court but discontinued on September 14, 1962. Appellant, on November 10, 1971, filed a petition pursuant to the Post Conviction Hearing Act,*fn* alleging, inter alia, denial of effective assistance of counsel and the right of appeal. After evidentiary hearings were held on December 7, 1971, and February 7, 1972, appellant was granted the right to appeal to this Court nunc pro tunc; his petition for post-conviction relief was otherwise denied.
The prosecution arose from the fatal shooting of Reginald O'Neal on December 22, 1961. At approximately 9:30 on that evening two groups of young men met at the corner of 32nd and Diamond Streets in Philadelphia. After some conversation appellant became involved in one of two friendly boxing matches, each including a member of the opposing group. The other boxing match did not remain friendly and bystanders from each group intervened to separate the participants.
According to the Commonwealth's evidence, appellant also intervened. Having taken his coat off to box, appellant asked another boy to hand it to him. When the boy refused appellant grabbed the coat, reached into a pocket and pulled out a gun. Appellant's first shot hit Harold Doman, the opposing group's entry in
[ 450 Pa. Page 293]
the other match, in the neck. Appellant then whirled around and fired a shot at Charles Young, also a member of the opposing group. Young fell to the ground and the shot hit the deceased, Reginald O'Neal. Charles Elliott, Young's nephew, saw appellant fire at his uncle, picked up a board that was approximately four feet long and hit appellant. Elliott testified that he struck appellant because he thought appellant had killed his uncle and to prevent appellant from shooting anyone else. Appellant shot Elliott twice. Appellant and other defense witnesses testified that Elliott hit him with the board before any shots were fired.
At the close of testimony, defense counsel (appellant was represented by two attorneys), without consulting appellant, waived a closing argument. The trial judge, having determined that the issue was the credibility of the witnesses, concluded that appellant fired his gun before he was struck and found him guilty of second-degree murder.
Appellant contends that he was denied the effective assistance of counsel since his attorney, aware of the conflicting testimony, waived appellant's right of summation.
Initially, we note that this Court long ago recognized that the denial of the right of summation by counsel to a criminal jury was an abridgement of the accused's constitutional right to full representation by counsel. Stewart v. Commonwealth, 117 Pa. 378, 11 A. 370 (1887). This principle has been held equally applicable to non-jury trials. Commonwealth v. McNair, 208 Pa. Superior Ct. 369, 222 A.2d 599 (1966). The right to summation, however, may be waived. Commonwealth v. McCray, 212 Pa. Superior Ct. 457, 243 A.2d 453 (1968). Appellant's counsel explicitly waived closing argument.
[ 450 Pa. Page 294]
In order to determine whether appellant was denied the effective assistance of counsel, we must review the record to see whether counsel's waiver of summation had any reasonable basis designed to effectuate their client's interests. Commonwealth ex rel. Washington v. Maroney, 427 Pa. 599, 235 A.2d 349 (1967). At the post-conviction hearing appellant's trial counsel was unable to remember exactly why summation was waived but one of the attorneys did remember that the case was tried without a jury, that extensive conferences were held with the judge and that since he understood the case very well counsel did not feel summation was necessary. Appellant contends that the judge's remarks following the waiver of summation are evidence of his misunderstanding of the case. This contention is not supported by the record. Moreover, counsel was justified in waiving summation if at that time they believed the judge understood the case. Hindsight, especially hindsight benefited by events subsequent to the decision to waive summation, is not the proper view from which to determine whether counsel's actions were reasonable. Id. at 604, 235 A.2d at 352. Counsel, in waiving the summation, stated: "We don't wish to take the court's time, sitting as the jury, because your Honor has heard the evidence in detail. [We] . . . both realize you are much more experienced, much more capable of judging which witnesses are telling the truth." Thus, it appears that since the judge was confronted with a question of credibility in determining when the shot was fired, appellant's counsel reasonably concluded that a review of the evidence would have been of no benefit and might have harmed their client. The prosecutor would have then reviewed and emphasized the testimony of the three Commonwealth eyewitnesses who stated that appellant began shooting before he was hit
[ 450 Pa. Page 295]
with the board. See United States ex rel. Spears v. Johnson, 463 F. 2d 1024, 1026 (3d Cir. 1972). We therefore conclude that counsel's decision to waive summation was a matter of professional judgment and not so unreasonable as to make their assistance ineffective.
We are not persuaded by appellant's argument that he was not bound by counsel's unilateral waiver of summation. The decision to waive summation was a matter of trial strategy. See United States ex rel. Spears v. Johnson, 463 F. 2d at 1026; Commonwealth v. McGrogan, 449 Pa. 584, 588, 297 A.2d 456, 459-60 (1972). Absent a showing of incompetency or the presence of exceptional circumstances, counsel's strategic decisions are binding on their client. Commonwealth v. Snyder, 427 Pa. 83, 233 A.2d 530 (1967); see Henry v. Mississippi, 379 U.S. 443, 451-52 (1964). There are no exceptional circumstances present in this case. Compare Whitus v. Balkcom, 333 F. 2d 496 (5th Cir.), cert. denied, 379 U.S. 931 (1964). Counsel's waiver was no less effective because they failed to consult with appellant. See Henry v. Mississippi, 379 U.S. at 451. Counsel need not always consult his client on matters of trial strategy, including a determination that a waiver of summation is appropriate. See United States ex rel. Hayes v. Johnston, 330 F. Supp. 1115, 1118 (E.D. Pa. 1971). In seeking the assistance of counsel one confesses his own inadequacy in the law. Williams v. Beto, 354 F. 2d 698, 705 (5th Cir. 1965). If counsel had been compelled to consult with and be controlled by the directions of appellant in this case, their usefulness would have been destroyed and appellant would not have been represented by counsel. See Whitus v. Balkcom, 333 F. 2d at 503.
Judgment of sentence affirmed.
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Excerpt from Laws Relating to the Civil Administration and Government of the Island of Porto Rico Don Alfonso XIII, by the grace of God and the constitution, King of Spain, and in his name and daring his minority the Queen Regent of the Realm: Know ye, all who may see these presents and understand them, that the Cortes have decreed and we have sanctioned the following: Article 1. The regime of the government and the civil administration of the island of Cuba shall be subject to the following bases: Basis 1. - The municipal and the provincial laws in force in the island shall be modified in so far as necessary for the following ends: Questions relating to the establishment of municipalities, addition, separation, and survey of municipal districts, shall be decided by the council of administration after a report from the respective provincial deputation. The provincial law shall also be modified in all that which, according to these bases, is attributed to the competency of the council of administration. The questions relating to the constitution of municipal councils, incidents of elections, qualification of electors, and other similar ones, shall be decided by the provincial deputation. The councilors elected as such by municipal councils shall be mayors until the Governor-General considers it proper to appoint another member of the corporation. Mayors shall exercise, besides the functions proper to the administration as executors of the resolutions of the municipal councils, the representation and delegation of the government. In all cases of administrative suspension of municipal resolutions the matter shall immediately pass to the jurisdiction of the ordinary court if the suspension was ordered by reason of delinquency, or shall pass to the civil governors after a report from the provincial deputation if the reason for the suspension should be that matters positively foreign to the municipal competency were resolved upon, or on account of infraction of laws. Civil governors may suspend resolutions of municipal corporations and warn, reprimand, fine or suspend their members when they exceed the limits of the municipal competency. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully- any imperfections that remain are intentionally left to preserve the state of such historical works."
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I would like to take a cutting of my butterfly bush and plant it in another place in my yard. Can this be done?
Hardiness Zone: 8a
By Lorimae from Portland, OR
I think you'd have better luck growing them from cuttings, where you put it in vermiculite and water/mist it. Here's a link for more:
I do it all the time and it just grows for me. I cut a stem off, stick it in soil that is kept watered and eventually it takes root.
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This was taken at my husband's grandparents farm! So pretty!
By Terra
Ooh, I love red foxes! Thanks for sharing.
Reminds me so much of my very first doggie. His mother was a red chow, and his father a beautiful white spitz. My Tinker Toy looked exactly like a red fox with the large brush of a tail carried proudly. He was about the smartest dog I've ever owned too. He was my beloved playmate for about 8 years.
Thank you for sharing your lovely photo.
They are gorgeous, aren't they?
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Two Mass. groups win MacArthur Foundation awards
The John D. and Catherine T. MacArthur Foundation today named 13 organizations in five countries — including two in the Bay State — as recipients of the MacArthur Award for Creative and Effective Institutions.
The award, which recognizes exceptional grantees and helps ensure their long-term sustainability, provides each organization with $500,000 to $1.5 million, depending on the size of its budget.
In Massachusetts, the Housing Partnership Network of Boston and the Tobin Project of Cambridge have been named MacArthur recipients.
The Housing Partnership Network, which will receive $1.5 million, enables peer learning and collaboration among more than 100 affordable housing and community development leaders.
The Tobin Project, which will receive $750,000, links multidisciplinary scholars and policymakers to generate research addressing real-world problems.
"From New York to New Delhi, these extraordinary organizations are making a real difference in the lives of people and communities," said MacArthur president Robert Gallucci. "MacArthur recognizes their importance and impact, and we hope our investment will help ensure that they continue to thrive and to increase their reach in the future."


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VERMONT INTERFAITH POWER AND LIGHT seeks to educate faith communities and individuals about the threat that global warming presents to Creation and Earth, and to engage communities of faith in promoting energy conservation, energy efficiency, and renewable energy as a solution. The goal of the organization is to move Vermont's faith communities toward sustainable energy use and reduction of greenhouse gas emissions, while living out our covenant with the Creator.
Vermont Interfaith Power & Light (VTIPL) exists to serve Vermont faith communities in their efforts to address the climate crisis. VTIPL helps faith communities and their individual members to be better stewards of Creation by using energy wisely, thereby reducing greenhouse gas emissions.
Deep Change for Climate Justice: Coalescing a Transformational Movement
A video of the Saturday morning Opening Session of the Fall Conference co-sponsored by Vermont Interfaith Power and Light and the "Our Childre, Climate, Faith" symposium can be viewed at https://vimeo.com/191688149 A shorter highlight video can be viewed at https://vimeo.com/189363591. The Conference took place October 15-16 in White River Jct.
VTIPL Annual Report for 2015
An annual report for our Vermont chapter of Interfaith Power and Light has been prepared and is available for our supporters and all who are interested in our work in response to the Climate Crisis. It is available in a PDF format, The file can be downloaded from the list of attachments at the bottom of this page.
Zero Energy Now Kickoff Hosted by Betsy Hardy
VTIPL's Coordinator Betsy Hardy hosted a kickoff for the Zero Energy Now program sponsored by Green Mountain Power. Read more and check out videos of the event here.
The Katy Gerke Memorial Program
Vermont Interfaith Power and Light has received funding from a generous donor to establish The Katy Gerke Memorial Program to help Christian churches make energy efficiency improvements in their buildings. Each year our Katy Gerke Memorial Program will provide a limited number of matching grant awards to churches in Vermont and twelve New Hampshire towns* for energy audits or energy efficiency improvements.
A printable brochure, containing a description and an outline of the program, and grant application forms are available through here: Katie Gerke Memorial Program.
*New Hampshire towns: Bath, Charleston, Claremont, Cornish, Hanover, Haverhill, Lebanon, Lyme, New London, Oxford, Piermont, and Plainfield.
Energy Assessments
One of the ways VTIPL helps congregations is by providing energy assessments of houses of worship and other religious buildings. The service is free to congregations that request this assistance. VTIPL asks each participating congregation to commit to using the recommendations to guide their ongoing efforts to improve the energy efficiency of their religious building. Click the file attachment below for the form to request an energy assessment; send an email to firstname.lastname@example.com for more information.


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Having unnecessary fat in different locations of your body can have a substantial influence on your health and self-confidence. While conventional weight loss through workout and diet plan is an excellent way to lose weight overall, even the very best workouts can't target issue locations like the tummy, inner thighs, arms, and butts. Liposuction is a time evaluated treatment that is utilized to remove excess fat from specific locations of the body, permitting an individual to shape and contour their body to their taste. Is liposuction right for you? Learn now.
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*fn*: November 22, 1978.
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,v.JULIUS C. WERBROUCK, JR., DEFENDANT-APPELLANT .
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. S 77-Cr-8 - Allen Sharp, Judge .
Before Cummings, Pell*fn** and Wood, Circuit Judges.
The defendant, Julius C. Werbrouck, Jr., was indicted on April 13, 1977, for violation of federal gambling laws, 18 U.S.C. § 1955 and § 2, and was convicted by a jury on September 2, 1977.*fn1
The defendant first contends that the trial court erred in denying his demand for a preliminary hearing. Pursuant to Rule 5.1 of the Federal Rules of Criminal Procedure, a preliminary examination is not available to a defendant who has already been indicted as in this case. The purpose of a preliminary hearing is to determine probable cause and thus a hearing is unnecessary after indictment as the grand jury has already made that determination. United States v. White, 454 F.2d 435 (7th Cir. 1971), Cert. denied, 406 U.S. 962, 92 S. Ct. 2070, 32 L. Ed. 2d 350 (1972); United States v. Lauchli, 444 F.2d 1037 (7th Cir.), Cert. denied, 404 U.S. 868, 92 S. Ct. 162, 30 L. Ed. 2d 112 (1971).
The defendant also asserts that the trial court erred in denying his motion to dismiss. The gist of this motion was that the defendant's own gambling activity was local in nature and therefore did not have an interstate character sufficient to meet the federal jurisdictional requirements of 18 U.S.C. § 1955. Section 1955, however, does not require a showing that the gambling activities of each person involved have affected interstate commerce. United States v. Manson, 494 F.2d 804 (7th Cir.), Cert. denied, 419 U.S. 994, 95 S. Ct. 304, 42 L. Ed. 2d 266 (1974). The defendant further argues that Section 1955 is unconstitutionally vague. This argument has previously been rejected by the courts. United States v. McCoy, 539 F.2d 1050 (5th Cir. 1976), Cert. denied, 431 U.S. 919, 97 S. Ct. 2185, 53 L. Ed. 2d 230 (1978); United States v. Sacco, 491 F.2d 995 (9th Cir. 1974).
Defendant next argues that the trial court erred in denying his motion to suppress evidence of certain Holiday Inn registration and billing records. He complains that the evidence before the magistrate was insufficient to support a finding of probable cause for the search, especially because the search occurred at night. However, the affidavit which accompanied the search warrant was nine pages long and included the detailed observations of FBI Agent Naum who in an undercover capacity was present at the casino on numerous occasions. Having reviewed the affidavit, we are of the opinion that it provided reliable, detailed information sufficient to constitute probable cause. Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964). As to defendant's objection to the authorized nighttime search which commenced at 10:00 p. m., we find the timing of the search to be reasonable because, as the affidavit stated, the casino operated only in the evening between 8:00 p. m. and 2:00 a. m. Thus the trial court was correct in denying the defendant's motion to suppress.
The defendant also raises the issue of whether the trial judge erred in excluding all prospective jurors who admitted during Voir dire that they had "read anything about this defendant or this case in the South Bend Tribune or in any other newspaper." The judge also asked, "Have any of you other than those who have just left heard or read about this case in any way from any other media, any other newspaper, the television or radio or received any other information about this case other than what you have heard here today from me in the course of these proceedings?" All persons responding affirmatively to these questions were excused. The defendant contends that by excluding 23 prospective jurors exposed to new accounts of the case, the court excluded a geographic group from the jury, thereby denying his constitutional and statutory right to a trial by a jury reflecting a representative cross section of his community.
The requirement that an impartial jury be drawn from a cross section of the community "does not mean, of course, that every jury must contain representatives of all the economic, social, religious, racial, political and geographical groups of the community; frequently such complete representation would be impossible." Thiel v. Southern Pacific Co., 328 U.S. 217, 220, 66 S. Ct. 984, 985, 90 L. Ed. 1181 (1946). In this case the exclusion of jurors was not a blanket exclusion of persons from a geographic area. The jury selected included three members from the community in which the defendant lived. Although the exclusion may have had the incidental effect of reducing the number of prospective jurors from a certain geographic area, the trial judge did not commit error in exercising his discretion by protecting the defendant from the potential prejudice that might have resulted from pretrial publicity.*fn2 United States v. Smaldone, 485 F.2d 1333 (10th Cir. 1973), Cert. denied, 416 U.S. 936, 94 S. Ct. 1934, 40 L. Ed. 2d 286 (1974).
Ironically, the defendant also argues that the trial court erred at the close of trial in not giving Sua sponte a jury instruction cautioning the jury against reliance on any prejudicial publicity that may have appeared during the course of the trial. The defendant, however, never apprised the court of any prejudicial publicity nor requested a cautionary instruction. It is clear that the burden is on the party seeking such an instruction to raise the issue before the trial court. United States v. Pomponio, 563 F.2d 659 (4th Cir. 1977), Cert. denied, 435 U.S. 942, 98 S. Ct. 1521, 55 L. Ed. 2d 538 (1978); Margoles v. United States, 407 F.2d 727 (7th Cir.), Cert. denied, 396 U.S. 833, 90 S. Ct. 89, 24 L. Ed. 2d 84 (1969). Because the defendant failed to satisfy this burden, because the trial judge cannot be expected to read, see and hear all media coverage of the trial, and because there was no showing that the jury was in fact exposed to any of the publicity, we hold that no error was committed. From time to time during the trial the judge carefully admonished the jury not to permit exposure to any trial publicity.
Next we consider defendant's claim that there was insufficient evidence to sustain the court's denial of the defendant's motion for acquittal and the jury's verdict of guilty. The defendant contends that there was neither sufficient evidence to establish his involvement with the gambling business as a principal or as an aider and abettor, nor to establish the jurisdictional requirement of substantially continuous operation of the enterprise in excess of 30 days. When viewed in the light most favorable to the government, the evidence is more than sufficient to sustain the conviction. Glasser v. United States, 315 U.S. 60, 80, 62 S. Ct. 457, 86 L. Ed. 680 (1942). Substantial evidence established that: (1) the defendant owned and operated the Holiday Inn Motel and the adjoining Lincoln Highway Inn Restaurant in South Bend, Indiana; (2) the defendant moved out of his personal room at the Holiday Inn to allow the gambling casino to move in; (3) the defendant permitted certain motel rooms to be physically altered for gambling purposes, including the building of partition walls and the installation of a steel door, cameras, monitors and electronically controlled door locks; (4) the defendant charged no rent for the motel casino rooms and regularly provided customers free food and drinks from his adjoining restaurant; (5) the defendant held keys to the electronically controlled doors and at times admitted persons to the rooms; and (6) the defendant was observed in the gambling casino. From these and other factual determinations the jury and trial court could plainly have concluded that the defendant was guilty beyond a reasonable doubt.
Defendant's objections regarding the statutory 30-day gambling operation jurisdictional requirement are without merit. In United States v. Mattucci, 502 F.2d 883, 889 (6th Cir. 1974), the court declared:
The statute, 18 U.S.C. § 1955(b)(1)(iii), clearly makes the thirty day requirement a part of the definition of illegal gambling business and not a specific requirement as to the duration of individual participation by persons involved in such business.
The record contains substantial evidence to support the conclusion that the Holiday Inn casino was substantially the same illegal gambling operation which had begun at a different location five months earlier before the move to the defendant's motel.
We consider lastly whether the trial court erred in prohibiting the defendant's efforts to impeach a government witness through specific instances of misconduct. David Andrews, a former police officer, was one of three government witnesses who testified that he observed the defendant at the gambling casino. The defendant attempted to introduce findings of the Board of Public Works and Safety of South Bend, Indiana, which described an incident seven years previously in which Andrews, as a police officer, had planned to have friends plant marijuana on certain persons whom Andrews then intended to arrest. Andrews was fired. However, the defendant failed to cross-examine Andrews regarding that incident, claiming that when he cross-examined Andrews he was unaware of the impeaching information. The day after Andrews testified the defendant called the former city attorney for South Bend as his witness and attempted to introduce the alleged impeaching information through him. The district court properly prohibited its introduction in this manner.
The defendant first contends the evidence should have been admitted under Rule 609 of the Federal Rules of Evidence which permits impeachment by use of prior convictions of certain types of crimes. The alleged impeaching information was not a record of the conviction of a crime. It was merely a set of findings by the Board of Public Works and Safety which resulted in Andrews' discharge from the Police Department. The distinction is significant. A criminal conviction entails a finding of guilty beyond a reasonable doubt in a forum which abides by specific rules of evidence and procedure designed to protect the defendant. The findings of a municipal administrative forum do not fit within the language or intent of Rule 609.
The defendant also argues that the impeaching information should have been admitted under Rule 608(b)*fn3 through the former city attorney called as defendant's witness. The rule is clear on its face that specific instances of conduct other than for conviction of a crime may not be proved by extrinsic evidence. The effort, in the discretion of the district court, is limited to cross-examination. The defendant further argues that the district court should have exercised its inherent judicial discretion and permitted the information to be admitted through the city attorney on direct examination because the defendant was not prepared to cross-examine Andrews and thus could not follow the proper procedure of confronting Andrews with the alleged impeaching information on cross-examination. This reasoning is premised on the defendant's contention that Andrews was a "surprise witness" precluding the defendant from preparing an effective cross-examination. The record, however, does not support this premise. Prior to trial, the district court judge read to counsel and jury a list of potential witnesses, one of whom was Andrews. Accordingly, Andrews could not be classified as a "surprise witness."
The defendant next called and attempted to introduce the alleged impeaching information through his witness, Kenneth McDonald. On direct the defendant questioned McDonald regarding Andrews' reputation. On redirect, however, the defendant sought to elicit testimony regarding the same specific instances of Andrews' conduct. The court again properly sustained the government's objections, relying on Rule 608(b).
The defendant's final try to introduce the alleged impeaching information was through government witness Michael Borkowski, Chief of Police of South Bend, who testified as to a prior favorable departmental rating of Andrews' character. On cross-examination the defendant elicited from Borkowski that Andrews had been discharged from the police force, but the court would not permit the defendant to inquire into the specific details of the discharge.
The trial court has wide discretion under Rule 608(b)(2) to permit inquiry into specific instances of conduct on cross-examination if probative of truthfulness or untruthfulness. Even if we assume Arguendo that the court erred in the exercise of this discretion in not allowing the defendant to ask Borkowski about the details of the discharge, the error was harmless because Borkowski's answer would have been that he lacked any knowledge about the discharge. See United States v. Ling, 581 F.2d 1118 (4th Cir. 1978). This is evident from the record because during cross-examination the witness was asked, "Well, it's a fact that he (Andrews) was fired for misconduct of some type; right?" Borkowski's response was, "I have no knowledge whatsoever, Mr. Stephan, of his discharge." The point was made that Andrews had been fired. Only the details were lacking in the evidence. "In ruling on evidentiary matters, the trial judge must balance the probative value of testimony against potential prejudice, and his exercise of discretion will not be disturbed on appeal save for grave abuse." United States v. Wright, 160 U.S.App.D.C. 57, 62, 489 F.2d 1181, 1186 (1973).
We find no reversible error.
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"The Grooved Minaret in Antalya" Turkey Off The Beaten Path Tip by Paul2001
Turkey Off The Beaten Path: 236 reviews and 281 photos
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