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Flutie Cuties! by LCP Flutes - about 1 year ago
"This picture of the flute section proudly displays our awesome new shirts for the school year! We now wear these shirts every week to show our section pride, even during pep rallies, as you can see..."View full details
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Haslett Flute Section by - almost 2 years ago
"This is five members of our marching band flute section proudly wearing our shirts at our band's white elephant gift exchange after receiving our shirts earlier that week. We love Customink for pro..."View full details
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Flute Section! by Maria Pimentel - about 3 years ago
"One of our alumni flautists designed a shirt for our section. Although she isn't in this picture we proudly wear it as a section for her to see. Our shirts were perfect and there weren't any proble..."View full details
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"Revamped Drumline" by Nadia - about 7 years ago
"The flute section in our high school band decided to continue the prank war with the drumline. We gift-wrapped their drums and decorated their room!"View full details
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Revenge by Nadia - over 7 years ago
"The flute section at my school decided to continue an ongoing prank-war with the drumline. We decided to "gift-wrap" their drums and decorate their percussion room with streamers, balloons, and rib..."View full details
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Flute Section by BandCamp - over 8 years ago
"This was taken at Camp Chen-A-Wanda, where my marching band goes to Band Camp for 1 week. We're the flute section of the band, and we're pretty amazing. CustomInk actually delivered the package to ..."View full details
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text:
Neon Force Runner is a one button game where you control the thrust of a airship flying through the American cities of New York, San Diego, and Miami. Also includes music from the band "dbk".
Either scripts and active content are not permitted to run or Adobe Flash Player version
13.0.0 or greater is not installed.
Press "W" or "SPACE". Use the mouse on the menus at any time.
Is this game not working? Any suggestions? Send your comments.

subset: commoncrawl


text:
So did YOU win a Kindle 3G from Bitterwallet?
Last Monday we set the world alight with another blazing Bitterwallet competition and no less than three Amazon Kindle 3Gs to be won. You lapped up the chance to join the e-book revolution like a dog with seventeen tongues, and now it's time to tell you who will be getting the blighters.
We gave one of the Kindles away via Twitter, on condition that you followed Bitterwallet and tweeted a completed phrase. We've picked one such person at random from all the entries and they are Jonathan Mathews, who came up with this entirely uninspired phrase:
Duller than Doncaster it may have been, but then we weren't looking for originality - congratulations Jonathan. Next, we had a Kindle 3G for an avid Bitterwallet reader that would be our friend on Facebook and complete a rather more tawdry phrase. Another one picked at random, the winner is Simon Taylor:
Finally, as rabid Bitterwallet editor Andy recalled some of the more curious sights witnessed in his years of retail experience, we asked for your retail tales. The last Kindle 3G would be awarded to the person who told the best story, in the opinion of the judges. That was Andy and I, and we settled on this from Eyevz:
I used to work in a certain retail chain that inhabited Virgin megastore sites until it went bust while studying…
A customer got so over excited about the pile of reduced price Peter Kay dvds that – for whatever reason – they vomited.
Promptly two people browsing nearby then vomited as a result of the "hear vomiting see vomiting do some vomiting" and vomited themselves.
The sales assistant then tasked with cleaning up the carnage then ran over with a mop, slid for about 10 metres along the tiled floor and wiped out into a large Johnny Depp cutout. I still can't look at my old staff t-shirt / posters of Johnny Depp without being reminded of the incident.
Why did this story stand out? In the words of Andy, "I did a huge LOL and a small vomit." Congratulations Eyevz and everyone else, and thanks for entering! More Bitterwallet hardware to win soon.
TOPICS: Social Media
21 comments
- The B.Next time, can you get some decent hardware, something like an Android pad, preferably one running with over 1Ghz processor?
- JoffLooking at Johnny Depp often makes me think of vomit. Not really, I think he's a great chap.
- PokeHerPeteDear BitterWallet. You have made a huge mistake - that is not how you spell my name.
- PalmfaceWhen you set the rule 'in 10 words or less', did you just completely ignore that with the Facebook winner?
- Jonny S.I did think that myself...but then again it's BitterWallet, did we expect any less?
- Howard M.You don't clear up vomit with a mop at department stores, there's been a health and safety rule and provisions for years. There's special powder to sprinkle on it then wait and scoop it up and dispose of it.
- Mark P.I am gutted. I bet those snot otters who won can't even fucking read. I can read. Almost.
- David d.If the prize had been a fox, I'd have entered the competition
- CharliePretty sure it said in 10 words or less... Therefore Simon Taylor should be disqualified...surely?
- ShakesHeadSadlyThe vomit story sounds very similar to the tale that Chunk tells in The Goonies. Not that I'm calling shenanagans or anything. I just love The Goonies!
- Norris M.Please stop making my posts wait for moderation.
- Norris M.Your competition rules clearly stated the following: 2) Join our page on Facebook, and complete the following quote in 10 words or less: "Reading Bitterwallet is like making love to a bird with three tits, y'know, like that one in Total Recall, because…" So how did Simon Taylor win this when he did not comply with your rules that stipulated completing the quote in 10 words or less? He used 24 words, so wasn't even close. Roy Castle would have never allowed such tardiness.
- Ruby M.As I didn't win, I have stopped following you on twitter and removed you from my facebook. Norris is right.
- As Norris couldnt complain in 10 words or less I have ignore his point. If the prize had been a fox then no way could I have stuck to just 10 words.
- Paul S.Right then. The phrase is completed by Steve in six words: ...three is always better than two. Whether the comment afterward it is in fact part of the phrase is open to interpretation. We didn't think it was, but if you do because you didn't win, that's entirely up to you. The winner was picked at random, and - as the rules stated - Bitterwallet's decision regarding the winner is final. Apologies if you're still grumpy about it. We're not Oprah and we can't give everyone a Kindle. There's another competition around the corner. And Norris - Roy Castle wasn't the adjudicator on Record Breakers, so his opinion was worth shit. Cheers.
- Mark E.Actually the end of the above phrase is marked by the question mark after the word Recall, the four dots after the word two do not represent a sentence-ending ellipsis, merely a pause within the phrase. So the phrase is actually completed in 17 words I'm afraid, gentlemen.
- EyevzAmazed to have won. *pinches self* Makes those long days so worthwhile! Looking forward to hearing more.
- Simon T.Woohoo! Thanks BitterWallet!
- Simon T.Upon reflection of my invalid entry, on moral grounds I cannot accept the Kindle. Instead I wish to donate it back to BitterWallet to sell so that they may pursue further breakfast sundae activities. Thanks.
- The T.Pfffft!
- Eyevz@ Howard First vom incident I had while working there. May well have been handled differently on another shift but our staffers (like me) were mostly students with part-time jobs in retail to tide us through uni... we didn't so much get "trained" in stuff like health and safety - people just did what seemed logical and for the most part we were ok. @Joff It made seeing "Alice in Wonderland" with friends have an extra layer of comedy...


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Chico Science still shines
Two artists from the Northeastern State of Pernambuco will represent Brazil in the next edition of WOrld Music Expo (WOMEX): Orquestra Contemporânea de Olinda and the Bongar (pictured above). The event will held in Cardiff from October 23rd to 27th.
Anna Poetzsch, WOMEX director of Media & Communications, explains that many Brazilian artists vie for a place in the Expo every year: "we received over 850 artists proposals this year, including 40 from Brazil. A jury of seven people is invited every year to select a handful of those.
"WOMEX will also feature conferences on Brazilian topics, such as Fora do Eixo (a collective of Brazilian technology and culture experts), the World Cup and the Olympics. Plus, there will be a documentary film about Renato Borghetti Quarteto (an accordeon artist from Southern Brazil)"
The Orquestra Contemporânea de Olinda (OCO) will play on October 24th. They will also perform in London, Brighton and Liverpool. The group are now working on their third album, which will released in 2014. Their (eponymous) first work was nominated for the 2009 Latin Grammy and for the Brazilian Music Awards.
Bongar will perform two days later. The group is formed by members of the Xamba Nation, a candomble group (an Afro-Brazilian religion) from the outskirts of the quaint and historical city of Olinda.
"It's great to see that the music from Pernambuco still attracts attention, even after Chico Science, and that Afro-Brazilian music still shines", said the singer Guitinho de Xambá. Both artists have been influenced by manguebeat – a cultural movement led by Chico Science & Nação Zumbi in the 1990s mixing electronic music, folk music and literature.
D2, Seu Jorge, Lenine, Karina Buhr, BaianaSystem, Spok Frevo Orquestra, Nação Zumbi, Trio Mocotó, Yamandu Costa, Samba Chula de São Braz, Hermeto Pascoal and many other Brazilian artists have showcased their work in past editions of WOMEX.
Buy tickets now by clicking here and view the full event schedule here (note that some performances are available only for accredited delegates).


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The VP-03 is a miniature version of the VP-330 Vocoder Plus, one of the most popular vocoders ever made. Part of the Roland Boutique series, the VP-03 brings together the worlds of synthesized sound and the human voice, using the latest ACB technology to accurately emulate the sound that made the original so influential. The VP-03 has the VP-330's vocoder, human voice, and strings sound sources on board, and comes with a gooseneck microphone. And when paired with the optional K-25m Keyboard Unit, you've got the authentic VP-330 vibe in a reliable, low-cost setup that's highly portable. There are new features too, including 16 Chord Memory setups and a Voice Step Sequencer for even more creative potential. Whether you want the classic, electro-infused "talking robot" sound or the expressive power of shaping synth sounds with the human voice, the VP-03 puts it all at your fingertips.
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text:
Discussion in 'IWT Archives' started by Harley Quinn, Mar 13, 2014.
Hey I wanna make some threads too
fun day to lurk the iwt
Looks like the first live IWT orgy is gonna take place, coming to a Taco Bell near you!
P.S. Don't eat Taco Bell before sex please
No one likes you.
At least my match isn't being over shadowed!
But... but they don't have taco bells here in the uk? Lets just do it right here right now
Prepare the booze
Don't you call my son!!
You like jaegerbombs? Coz thats how we roll in gavs town
You mind if I bring ass less chaps, baby chickens, massage oil, and a top hat?
All the better
I vote no, you nasties.
wtf is going on in this thread?
I'm going to kidnap you, Fooq.


text:
ERIC Number: ED057090
Record Type: RIE
Publication Date: 1970-Oct
Pages: 2
Abstractor: N/A
Reference Count: 0
Interpreting Nelson-Denny Reading Test Scores.
Blai, Boris, Jr.
Reading test results and their interpretation are stressed because of their importance in student achievement. The Nelson-Denny Reading Test used at Harcum Junior College is a useful measuring instrument for predicting academic achievement, screening students, and diagnosing reading and learning problems. General hints for interpretation of the reading test results are presented. (CK)
Publication Type: N/A
Education Level: N/A
Audience: N/A
Language: N/A
Sponsor: N/A
Authoring Institution: Harcum Junior Coll., Bryn Mawr, PA.
Identifiers: Nelson Denny Reading Test


text:
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text:
Russia Takes 'Moral Reponsibility' For '68 Czechoslovak Invasion
http://gdb.rferl.org/AA03801A-8394-444B-B540-D6557CD1FEC3_w203.jpg --> http://gdb.rferl.org/AA03801A-8394-444B-B540-D6557CD1FEC3_mw800_mh600.jpg Presidents Putin (left) and Klaus are meeting in Prague (epa) PRAGUE, 1 March 2006 (RFE/RL) -- Russian President Vladimir Putin said today that Moscow bears moral responsibility for the 1968 Warsaw Pact invasion of Czechoslovakia.
Putin said he shared this assessment, namely that there is a "moral responsibility" on Russia's part.
But he said that does not mean that present-day Russia bears any legal responsibility for the 1968 events.
In Hungary on Tuesday, Putin made a similar statement about the Soviet crushing of the 1956 revolution.
Today, Czech President Vaclav Klaus said he appreciated Putin's comment and emphasized that he saw no reason to be discussing the events of decades ago with the Russian president today.
SUBSCRIBE For news and analysis on Russia by e-mail, subscribe to "RFE/RL Russia Report."
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text:
The Funstar girls' microfleece jacket is perfect for a day out on a cold day and can be easily layered up depending on how chilly it gets. Rated at 230gsm and designed with an Airtrap system, this fleece will insulate body heat while still allowing her the freedom to play and have fun.
Designed with a full zip, she can even wear it as a lightweight summer jacket and the binding offers a comfortable fit that will help keep cold air at bay. Available in white or pink with contrast star pattern, this fleece looks lovely and fits perfectly beneath a waterproof jacket for additional defence.
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text:
An Indoor Localization Framework for Four-Rotor Flying Robots Using Low-Power Sensor Nodes
The authors study the relevance of highly precise indoor localization techniques for quadrocopters and present an ultrasonic sensor system that achieves excellent localization performance, although the system has to rely on the limited computation resources of sensor nodes used for time-of-flight-based localization. Quadrocopters, i.e., flying four-rotor robots, are on-board sensor controlled systems. In comparison to classical monorotor objects (helicopters), the quadrocopters can be piloted with much lower effort. However, lateral drifts cannot be compensated for only referring to the built-in sensors. Nonetheless, the detection of such drifts is strongly necessary for indoor operation - without any corrections, the quadrocopter would quickly cause a collision.


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I feel like they've oversimplified it, the questions are too large in the lists, it seems harder to look through. I preferred when they were somewhat smaller so you could be more selective, I used to be more willing to look through the pages to answer. now I look through less.
I don't answer as many questions as I used to now
- yes47% (8)67% (6)54% (14)Vote
- no29% (5)22% (2)27% (7)Vote
- the same24% (4)11% (1)19% (5)Vote
Most Helpful Girl
FEWER! NOT LESS! Yes, because looking through the questions is more difficult than it used to be.00|00|0


text:
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Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
filed: May 21, 1982.
COMMONWEALTH OF PENNSYLVANIA,v.ARTHUR J. METZLER, JR., APPELLANT
No. 1212 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Northampton County, Criminal Division, at No. 1435 of 1980.
Gary Neil Asteak, Easton, for appellant.
James J. Narlesky, Assistant District Attorney, Easton, for Commonwealth, appellee.
Cercone, President Judge, and McEwen and Hoffman, JJ.
[ 300 Pa. Super. Page 20]
Appellant contends that the evidence was insufficient to establish his sanity beyond a reasonable doubt. We agree and, accordingly, reverse the judgment of sentence and order appellant discharged.
On April 10, 1980, the victim and her son were eating at an Easton, Pennsylvania restaurant when appellant approached them. He stared at her from the doorway for approximately one minute, moved closer to the table, and then suddenly ran out the door. Seconds later, he rushed back into the restaurant, shoved the waitress out of the way, and threw an empty table across the room. He then leaned over the victim and inquired, "Do you have anything else you want to say to me?" The victim replied, "I never said anything to you, sir." Whereupon appellant struck her and left the restaurant.
At a non-jury trial, the Commonwealth introduced the testimony from a waitress, the victim, and her son that appellant had appeared disheveled and acted peculiarly. Detective Carl Beers testified that he believed appellant was suffering from some type of mental disorder when he interviewed him that evening and requested the victim to sign an emergency commitment complaint to send appellant to Muhlenberg Medical Center Psychiatric Ward. Appellant testified that he had been a frequent patient at several mental hospitals during the past twenty years, and had been treated for delusions with both shock treatments and medication. He testified that on the evening of the assault, he was hungry and tired and had no money or place to stay, and that he confused the victim with a former girlfriend and the
[ 300 Pa. Super. Page 21]
"harlot in Revelations 17:4," and struck her in an attempt "to impress enough fear in her so she would hold back on whatever else would happen in the world because I didn't have any other power of my own myself." Appellant's psychiatrist testified that appellant was suffering from paranoid schizophrenia and gave his professional opinion that appellant "was not able to deliniate the rightness or wrongness of his actions." The Commonwealth offered no proof of appellant's sanity. The lower court found appellant guilty of assault, and after the denial of post-trial motions, imposed sentence. This appeal followed.
Appellant contends that the evidence was insufficient to establish his sanity beyond a reasonable doubt. We agree. When a defendant raises the issue of his sanity, the Commonwealth must prove beyond a reasonable doubt that he knew the nature and quality of his act and that he knew it was wrong. Commonwealth v. Demmitt, 456 Pa. 475, 483, 321 A.2d 627, 632 (1974). Appellant's psychiatrist opined that appellant "was not able to deliniate the rightness or wrongness of his action." Although psychiatric testimony is not controlling, the Commonwealth must still present some evidence to refute it. See Commonwealth v. Demmitt, supra. In the instant case, however, all the evidence corroborated the psychiatric testimony. The lower court found that appellant had admitted that he knew his actions were bad in the following exchange:
Defense Counsel: At that point in time did you think what you were doing was good or bad, your perception?
Appellant: I knew it was bad.
Q. Why did you do it?
A. Aggravated, aggravated into it I'm sorry to say, maybe because of the devil, Satan.
Q. Why would saving the world from abomination be bad if you were going to hurt the harlot?
A. Well, at that particular time I felt that it was good but I knew it was bad, I knew what I was doing but I was confused and as I say exhausted to the point so where
[ 300 Pa. Super. Page 22]
after all I had been through through the years, that and then that added onto it, that as I say I was confused.
Q. Was it good or bad or both, could it be both?
A. It could be both.
Q. But do you know?
A. Well, at this particular time I can't exactly say. All I know is that I was awful confused.
(emphasis added). The court's reliance on a statement of appellant taken out of context is misplaced. Appellant's testimony taken as a whole indicates that at the time of the incident he was exhausted, confused, and disoriented. Appellant's purported admission is at best inconclusive and ambiguous -- certainly insufficient to satisfy the Commonwealth's burden of proof. Accordingly, because the Commonwealth has failed to meet its burden of proving appellant sane beyond a reasonable doubt, we reverse the judgment of sentence and order appellant discharged.
Judgment of sentence reversed and appellant discharged without prejudice to the Commonwealth to petition the lower court for an order directing involuntary treatment under § 406 of the Mental Health Procedures Act, Act of July 9, 1976, P.L. 817, No. 143, § 406, 50 P.S. § 7406.
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text:
Grease 9x13 inch pan with melted butter. Pour extra in with cake mix and egg to form dough. Press this in the pan to form a crust. Mix eggs, cream cheese, vanilla, lemon juice and powdered sugar until cream; pour into crust. Bake at 350 degrees F for 35-40 minutes. Crust will be firm and center will be soft. Cool and cut into squares. Store in refrigerator.
By Robin from Washington, IA
This sounds really good. I will try it soon.
I really enjoy Robin's recipes, always good.
Judy from Oskaloosa, IA
Add your voice! Click below to comment. ThriftyFun is powered by your wisdom!


text:
New research and analysis by the Arab Advisors Group reveals that as of October 2015 the four satellite pay- TV operators, broadcasting from the region, offered a combined total of 280 channels, with OSN the leader in terms of the number offered.
Four satellite pay-TV providers broadcast from the Arab World. Namely: Orbit Showtime Network (OSN), beIN Sports, Al Majd and MyHD. Expectedly, beIN Sports offers the highest number of sports Pay TV channels with 21 sports channels.
Three of these providers also offer HD channels: OSN, beIN Sports and MyHD. OSN and MyHD offered 55 and 53 HD channels, respectively, while beIN Sports provided 20 HD channels.
"By September 2015, the four Pay TV providers offered 280 channels. OSN had the highest number with 162 channels (including the 3 pay-per-view channels and two On Demand channels), MyHD came in second with 84 channels. beIN Sports offered 21 channels, while Al Majd TV provided 13 channels," explains Ms. Hiba Al Atiyat, Arab Advisors Senior Research Analyst.


text:
>> Guest Reviews & RatingsPrint this page
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To become the most sought after Workforce agency for Veterans ensuring they become the most sought after team asset by employers throughout the Northeast.
Patriot Hills Workforce is registered with the IRS and currently published in the Schenectady Gazette and Altamont Enterprise legals for Affidavit.
Reference: PH Workforce Interest
Patriot Hills Ligonier Center, Bed and Breakfast
Ligonier's Board of Directors
Executive Director, Terri Hughes
Director of Administration, James H. Andrews
Military Advisor John Kovac
Military Advisor Jeremy Henderson
Executive Secretary Bethanie Thompson
PHL B&B will offer military family's, individuals, youth retreats. It is our mission to take care of our Veterans' and their families. By providing programs for transition, reintegration and therapeutic healing in a temporary residential living environment.
Thanks to the help of all of our sponsors, our superhero pub crawl was a success. We couldn't have done it without you guys!
AOH, FYE, Durham School Services, Veteran's Miracle Center, Decrescente Distributing Company, Scotia Wine and Spirits, Christine's Hair Salon, In Focus Productions, The Costumer, Stewart's Shops, Glennpeter Jewelers, 99 Restaurant & Pub, The Open Door Bookstore & Gift Gallery, Earthworld Comics, Home Depot, Excellent Adventures Comics.
Virtual Job Fair!
May 27th, 12:00PM to 4:00PM EDT
Register for a chance to speak with prospective employers nation wide from the comfort of you own home.
Registration is free.
All employers are actively seeking military experienced candidates.
Superhero Pub Crawl
COME JOIN US MAY 16th FOR OUR SUPERHERO PUB CRAWL
Put on your cape and cowl and join us for our Superhero Pub Crawl as we remember and celebrate our nation's true heroes, our Veterans.
There is a $25 entrance fee to participate in this night of fun, excitement, and adventure. All proceeds from this event will help us in our efforts to support returning combat Veterans and their families through reintigration, rehabilitation, and therapeutic healing. Participants in the Pub Crawl will receive drink specials, free food, and raffle tickets for a chance to win one of several marvelous prizes.
All participants will meet at the Ancient Order of the Hibernians before departing to each pub. Participating bars will be Katie O'Byrnes, Bombers Burrito Bar, 20 North, and Pinhead Susan's.
During the Pub Crawl there will be a scavenger hunt, where participants will have a chance to meet The Avengers as well as defeat the Asgardian God of mischief, Loki, earning themselves bragging rights as well as a chance to win our special "Avengers Assemble" gift basket, which will include two movie tickets that can be used to go see Marvel's The Avengers: Age of Ultron.
After the festivities have concluded participants will be taken back to the Ancient Order of the Hibernians for free food and the announcement of our raffle winners. Free cab rides will also be available at this time, courtesy of Martin Harding and Mazzotti, LLP.
Patriot Hills of New York Now Recieves Combined Federal Campaign
If 42,000 Federal Employees donate one dollar from their payroll, we would be able to raise 1 million dollars to put down on a beautiful piece of property in the local Capital District.
This donation will allow US to develop a customized facility for transition, reintegration and therapeutic healing.
For Combat Veterans, their families and all that served.
Veterans and Families Community Based-Resource and Outreach Center for the health and wellness of our brave Warriors.
Help US Build It
We are very excited to volunteer our time to see our sponsored runners off and meet them at the end of the marathon in beautiful
downtown riverside of Albany, A huge thank you to all the Marathon volunteers.
There are 7 spots open for the full marathon
A full-resolution download of the Job Zone Demo Video is available here (1.5Gb).
The New York National Guard Job Zone was established in November 2011 to provide a single source point of contact to facilitate the distribution of employment opportunities throughout the State of New York to our Service Members and their Families. The sources of employment come from federal, state, and civilian employers who seek the attributes associated with military service. It is also the duty of the NYNG Job Zone to partner with the Employer Support of the Guard and Reserve (ESGR) Program, Department of Labor (DOL) and the wide array of civilian employers who seek the talents of our Service Members.
The Mission of the New York National Guard Job Zone
The New York National Guard Job Zone's primary mission is to serve as a focal point for job opportunities for our Service Members throughout New York State and facilitate employer partnering with our program, through posting of job fairs and individual employment opportunities on our website, face to face and electronic communication with employers and a constant liaison with the Department of Labor and the NYESGR Committee.
The Vision of the New York National Guard Job Zone
The goal of the New York National Guard Job Zone is to increase the number of employed, decrease the number of underemployed Service Members and their Families, and build a robust network of private businesses in support of Service Members and their Families throughout New York State. Over one million Service Members are projected to leave the military between 2011-2018. This single data point underscores the importance of linking Veterans to critical support and outreach sources. Get more Veteran employment information here.
Enlisted Association of the National Guard of the United States
Patriot Hills of New York is very proud to have been selected as one of the charities that rose from 9/11. Over the past 5 years the National Organization has included Patriot Hills in their New Patriot Magazine. A special thank you to Enlisted Association of the National Guard of the United States. Check out page 18 for Patriot Hills.


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Gretchen Beck's West African art on exhibit at Sandstone Gallery
Gretchen Beck's collection of drawings, paintings and collage at the Sandstone Gallery is entitled "Dumi Dumi," which in the West African Djarma language means "a variety of things." The exhibition is based on Beck's long and close association with the peoples of the Djarma and Fulani cultures.
Eighteen years ago, Beck served in the Peace Corps, working in Niger. As an artist, she was drawn to the amazing abstract art forms of the Djarma and Fulani cultures. But it was only when she visited Paris and spent time studying ancient African art forms and modern abstractions, that the ideas of the two came together and took on meaning for her and for her art.
Since that time, it has been a love affair with the people of Niger and the art they create. Returning to West Africa five times in the last 11 years, Beck has made a name for herself internationally exhibiting her art. Beck states: "The SubSahara is not an easy place. The landscape is the most dire." However, "it changed my life. I have learned to live simply. People are happy with nothing." Although Beck lives in Southern California, she applies what she had learned from Africa and the African people.
Beck considers her art her research, studying abstractions of Western and African cultures and discovering how West African art contributed to the 20th century canon. Her art involves the study of different aspects of the Nigerien landscape, and its culture.
"With this work, I portray concepts of ritual and tradition within the social structure of the Nigerien culture. I exhibit and discuss my art in galleries on a national and international level," she said.
Beck has also received faculty research grants to support her work as an artist and researcher.
For eleven years, Beck served as an art professor and the chairperson of the art department at Concordia University in Irvine. Her students were encouraged to develop distinct artistic processes through art historical and field research. Through dedication and discipline, their image making flourished.
Beck's drawings, paintings and mixed-media works have been exhibited in solo and group exhibitions at galleries such as the Corcoran Gallery of Art in Washington D.C., the UNESCO Miollis Galerie in Paris, France, the gallery at Les Deux Magots in Paris, the Cornerstone Gallery in Liverpool, England, the Contemporary Urban Centre Art Gallery in London and The Lewis Elton Gallery in Guildford, United Kingdom.
Visit Sandstone Gallery at 384 North Coast Highway #A. Information: 949-497-6775 or www.sandstonegallery.com.
Contact the writer at firstname.lastname@example.com.
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Remote control, monitoring in the home: How are consumer attitudes changing?
Major providers have jumped on the bandwagon to provide connected home devices as part of 'managed systems'
A growing number of' smart home' products on the market at the moment are being deployed via service providers, making home automation accessible to the mass market, beyond just the traditionally-seen high-end, luxury systems. Major providers such as ADT, Comcast, Deutsche Telekom, BT and E.On have jumped on the bandwagon to provide connected home devices as part of 'managed systems'. These cloud-based systems enable the consumer to remotely control their home via a smartphone, tablet or web-portal, and target a range of applications including energy consumption, home security, and comfort or convenience.
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The Engineers' Choice Awards highlight some of the best new control, instrumentation and automation products as chosen by...
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This eGuide illustrates solutions, applications and benefits of machine vision systems.
Learn how to increase device reliability in harsh environments and decrease unplanned system downtime.
This eGuide contains a series of articles and videos that considers theoretical and practical; immediate needs and a look into the future.
Sensor-to-cloud interoperability; PID and digital control efficiency; Alarm management system design; Automotive industry advances
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"Church and cemitery in Lappfjard" Finland Things to Do Tip by johnsakura
Finland Things to Do: 359 reviews and 405 photos
The church and cemitery in Lappfjard or Lapväärtii are wonderful to see. This is a small village with this large church that mixes bricks and wood in it architecture.
This time of year with snow makes the spot even better I think as the black graves go along pretty well with the contrast of the white from the snow.
Directions: Lappfjard is on the Road 664 8km from Kristiinankaupunki on the West Coast of Finland.
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The church in Lappfjard is magnificent. We were there in June 2012 visiting relatives right in the area. You must go inside the church to appreciate the size, architecture and craftsmanship. The incredible lace alter cloth was made by a relative.
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United States District Court, District of Columbia
December 16, 2002
Plaintiffs Jane Doe I, Jane Doe II and Jane Doe III,*fn1 are
individuals with mental retardation who receive habilitation services
from the District of Columbia. Plaintiffs, by their next friends, bring
this action on their own behalf and on behalf of others similarly
situated, against the District of Columbia and the Mental Retardation and
Developmental Disabilities Administration ("MRDDA").*fn2 Plaintiffs
claim that, while they were in defendants' care, defendants authorized
non-emergency surgical procedures to be performed on them, without first
obtaining legal consent. Plaintiffs bring this action under
42 U.S.C. § 1983 and seek declaratory, injunctive relief, and
monetary relief.
This matter comes before the court on defendants' motion for partial
judgment on the pleadings. Defendants claim that, even if relief is
warranted, plaintiffs' access to injunctive relief is foreclosed by res
judicata, as a result of prior litigation in Evans & United States
v. Williams, Civil Action No. 76-293. Defendants further contend that
MRDDA is not amenable to suit and therefore request that all claims
against MRDDA be dismissed. Upon consideration of defendants' motion,
plaintiffs' opposition thereto, and the record of this case, the court
concludes that defendants' motion must be granted in part and denied in
A. The Present Litigation
Plaintiffs are individuals with mental retardation who have been
institutionalized in District facilities since the 1960's. From the time
of their institution through 1978, plaintiffs resided in Forest Haven, a
facility which, before its closure, served the mentally retarded
population of the District of Columbia. They now reside in other
community-based facilities.
Plaintiffs claim that the District's policy violates their substantive
and procedural due process rights, secured by the Fifth and Fourteenth
Amendments. Among other remedies, plaintiffs seek "[i]injunctive relief
barring the District of Columbia from any further utilization of Policy
H-6 or any other policy that allows city officials to consent to elective
surgical procedures for plaintiffs and their fellow Class members without
due process of law." Compl. at 10.
This matter comes before the court on defendants' motion for partial
judgment on the pleadings. Defendants contend that res judicata, now
commonly known as claim preclusion, bars plaintiffs from obtaining
injunctive relief as a result of prior litigation in Evans & United
States v. Williams. Defendants contend that Jane Does I, II, and III
were class members in Evans, and that, as members of the Evans class,
plaintiffs' exclusive equitable remedy is an appropriate motion before the
Evans court.
Before the court may parse the scope and effect of the Evans action, a
word on that litigation is warranted. Evans v. Washington was a class
action brought in 1976 by residents of Forest Haven. The gravamen of the
Evans plaintiffs' complaint was that they were not receiving a
"constitutionally minimal level of habilitation" while institutionalized
at Forest Haven. Evans class members alleged a wide range of
constitutional violations resulting from inhumane conditions at the
facility. Evans, Compl. ¶ 1. Specifically, class members claimed
that, while institutionalized at Forest Haven, they were over-medicated,
beaten, and burned by the Forest Haven staff and were reportedly deprived
of: decent nutrition, proper counseling and mental health treatment,
sufficient educational and vocational training, and adequate dental and
medical care.
In 1978, the district court essentially agreed with the plaintiffs and
concluded that residents' constitutional rights had been violated.
Thereafter, the parties agreed to a detailed consent judgment that
addressed almost every aspect of life at Forest Haven and called for
closing that facility and placing its residents in "community living
arrangements." See Evans v. Washington, 459 F. Supp. 483 (D.D.C. 1978).
Since the filing of the aforementioned consent decree in1978, subsequent
consent orders have been entered, although regrettably, the District has
not always satisfied its obligations thereunder.*fn5 The Evans
litigation continues to
this day. See, e.g., Evans v. Williams,
139 F. Supp.2d 79 (D.D.C. 2001).
A. Legal Standard for Judgment on the Pleadings
The standard to be applied to defendants' motion for judgment on the
pleadings is the same as that under Rule 12(b). Dale v. Executive Office
of the President, 164 F. Supp.2d 22, 24 (D.D.C. 2001); Longwood Vill.
Rest. v. Ashcroft, 157 F. Supp.2d 61, 66-67 (D.D.C. 2001). That is, the
motion "should not be granted `unless plaintiffs can prove no set of
facts in support of their claim which would entitle them to relief.'"
Beverly Enterprises, Inc. v. Herman, 50 F. Supp.2d 7, 11 (D.D.C. 1999)
(citing Kowal v. MCI Communications, Corp., 16 F.3d 1271, 1276 (D.C.
Cir. 1994); Conley v. Gibson, 355 U.S. 41, 45-46 (1957)). To that end,
the complaint must be construed liberally in the plaintiff's favor and
the plaintiff should receive the benefit of all favorable inferences that
can be drawn from the alleged facts. EEOC. v. St. Francis Xavier
Parochial Sch., 117 F.3d 621, 624 (D.C. Cir. 1997); Tele-Comms. of Key
West, Inc. v. United States, 757 F.2d 1330, 1334-35 (D.C. Cir. 1985).
Where the pleadings present disputed questions of material fact, the
movant's motion for judgment on the pleadings must be denied. George C.
Frey Ready-Mixed Concrete, Inc. v. Pine Hill Concrete Mix Corp.,
554 F.2d 551, 553 (2d Cir. 1977).
B. Claim Preclusion
Generally, the doctrine of claim preclusion prevents claims between the
same parties or their privies from being relitigated after a final
judgment has been rendered in a prior suit. Semtek Int'l Inc. v. Lockheed
Martin Corp., 531 U.S. 497, 502 (2001) (citing Parklane Hosiery Co. v.
Shore, 439 U.S. 322, 326 n. 5 (1979)). The preclusion encompasses not
only claims which were raised in the first action, but also claims which
should have or could have been raised during the prior litigation. See,
e.g., Nevada v. United States, 463 U.S. 110, 129 (1983); I.A.M. Nat'l
Pension Fund v. Indus. Gear Mfg., 723 F.2d 944, 947 (D.C. Cir. 1983).
Claim preclusion "ensures the finality of judgments in order to encourage
reliance on judicial decisions, to prevent vexatious litigation and to
free courts to decide other disputes." Zip Dee, Inc. v. Domestic Corp.,
886 F. Supp. 1427, 1431 (N.D.Ill. 1995).
In order for plaintiffs' claim to be barred by claim preclusion, there
must be: (1) an identity of the cause of action in both suits; (2) an
identity of parties in both suits; (3) a final judgment on the merits;
and (4) a judgment rendered by a court of competent jurisdiction. Am.
Forest Res. Council v. Shea, 172 F. Supp.2d 24, 29 (D.D.C. 2001) (citing
Paley v. Estate of Ogus, 20 F. Supp.2d 83, 87 (D.D.C. 1998)). Plaintiffs
claim that three of these elements are unsatisfied. That is, plaintiffs
argue that: (1) there is no identity of claims between the two
lawsuits; (2) the parties in the suits are not identical; and (3) there
has been no final judgment on the merits in the Evans action. As the
party seeking to establish claim preclusion, defendants have the burden as
to all of these matters. See General Elec. v. Deutz Ag, 270 F.3d 144,
158 (3d Cir. 2001) ("The party seeking to take advantage of claim
preclusion has the burden of establishing it.") (citation omitted);
Shapley v. Nevada Bd. of Comm'rs., 766 F.2d 404, 407 (9th Cir. 1985); Zip
Dee, Inc., 886 F. Supp. at 1431.
In order to find claim preclusion, the court must find that this suit
and the Evans suit concern the same "cause of action." I.A.M., 723 F.2d
at 947. While this standard is well established, the precise contours of
a `cause of action' are not as clear. "The term has been given varied
treatment depending largely on the facts of each case." Id. at 947-48.
The determination of what constitutes a single cause of action is
focused on the "nucleus of facts" surrounding a transaction, rather than
the legal theories utilized by the parties. Page v. United States,
729 F.2d 818, 820 (D.C. Cir. 1984). Following the Restatement (Second)
of Judgments, the D.C. Circuit has set forth several factors to determine
if a claim arises from a previously litigated transaction or occurrence.
These factors include, "whether the facts are related in time, space,
origin, or motivation, whether they form a convenient trial unit, and
whether their treatment as a unit conforms to the
parties' expectations
or business understanding or usage." I.A.M. 723 F.2d at 949 n 5. A
single cause of action may include not only claims previously litigated
but also claims that arise from the same transaction or occurrence of the
previous action that could have been litigated therein. Stroman v. Blue
Cross and Blue Shield Ass'n, 966 F. Supp. 9, 11 (D.D.C. 1997).
Plaintiffs claim that litigation in Evans does not preclude equitable
relief here. They rely primarily on the fact that the entire thrust of
the Evans lawsuit is different from the instant litigation. Plaintiffs
claim that the "Evans litigation was initiated to enjoin the District of
Columbia to de-institutionalize Forest Haven, and provide habilitation to
mentally retarded persons in community based environments." Pls.' Opp.
at 7. In contrast, "this case arises out of an unconstitutional policy
whereby city officials illegally consent to elective surgical procedures
on mentally retarded citizens." Id.
Plaintiffs also contend that the claim is not barred by claim
preclusion because, they assert, plaintiffs' claims could not have been
brought in the prior action because plaintiffs' injuries were sustained
after Evans was filed. Moreover, two of the three plaintiffs sustained
injuries even after judgment was entered in the Evans litigation. That
is, Jane Doe I's injury was not sustained until 1982, and Jane Doe II's
injury was sustained in 1994, four and sixteen years, respectively, after
the initial Evans consent decree was entered.
To begin, the court agrees with plaintiffs that the "thrust" of the two
lawsuits is different. The plaintiffs in Evans sought broad and
comprehensive action — the closing of Forest Haven and general
reform of the District of Columbia's care and treatment of the mentally
retarded. Here, in contrast, plaintiffs seek monetary relief and ask the
court to enjoin one discrete District policy. These differences point to
different motivations animating the two disputes.
The court is also persuaded that the question of medical consent was
not settled — or even addressed — by the Evans court. The
final judgment in Evans, the 1978 consent decree, did discuss some
medical issues. The decree enjoined defendants from administering
"excessive or unnecessary medications to class members" and "[u]sing
medication as punishment." See Evans 459 F. Supp. at 489. The decree
further stated: "A program of medical, dental and health related
services for class members which provides accessibility, quality and
continuity of care for physical illness or injury is required. . . . All
injuries or illnesses which require the attention of a physician shall be
immediately reported to the class member's parent or guardian." Id.
(emphasis added). Importantly, then, while the decree provided for
familial notification, by its plain terms, the decree did not directly
address the question of medical consent. C.f., Dart Drug Corp. v.
Schering Corp., 320 F.2d 745, 749 (D.C. Cir. 1963) (noting that consent
decrees "are to be read within their four corners" and "are binding only
to the extent to which they go").*fn7
Moreover, even assuming that medical consent was litigated in Evans, a
fact in much dispute, the conduct here is temporally distinct from any
matter addressed by the Evans judgment. Jane Doe I and II's claims arose
years after the initial consent judgment was entered. This is important
for two reasons.
First, the D.C. Circuit has noted that courts, in determining whether
acts fall within the same "cause of action," should look to the "timing"
of these occurrences. The more distant in time, the more likely it is
that the claims constitute two causes of action.
Second, and far more important, courts have held that claim preclusion
does not extend to claims that did not arise until after the original
pleading was filed in the earlier litigation. That is, while a previous
judgment "precludes recovery on claims arising prior to its entry, it
cannot be given the effect of extinguishing claims which did not even
then exist and which could not possibly have been sued upon in the
previous case." Lawlor v. Nat'l Screen Serv. Corp., 349 U.S. 322, 328
(1955); accord Commissioner v. Sunnen, 333 U.S. 591, 598 (1948); Manning
v. City of Auburn, 953 F.2d 1355, 1359-60 (11th Cir. 1992) (finding that
claim preclusion extends to claims in existence at the time of filing of
the original complaint and any additional claims actually asserted by
supplemental pleading); Spiegel v. Cont'l Ill. Nat'l Bank, 790 F.2d 638,
644-46 (7th Cir. 1986) (finding that a second action was barred by claim
preclusion except as to matters that occurred after the filing of the
first action). This rule is equally applicable in the consent judgment
context, unless the specific consent decree clearly provides otherwise.
See, e.g., Joshi v. Prof'l Health Services, Inc., 817 F.2d 877, 880-81
(D.C. Cir. 1987) (although a "consent order bars claims . . . arising
prior to its entry, it cannot preclude litigation of claims based on
[conduct] effected subsequent to that date"). Finally, the rule applies
even if the defendant is engaged in a "continuing course of conduct" that
is "related to conduct complained of in an earlier suit." Green v.
Illinois Dept. of Transp., 609 F. Supp. 1021, 1024 (N.D.Ill. 1985).
Crowe v. Leeke, 550 F.2d 184 (4th Cir. 1977), is particularly
instructive. In Crowe, prison inmates brought an action against prison
officials challenging the constitutionality of prison mail procedures
which allowed correspondence from attorneys to be opened and inspected
outside the presence of the inmate-addressee. Crowe, 550 F.2d at 185.
The district court initially dismissed the action, ruling that a prior
class action on behalf of all prisoners, which challenged the
constitutionality of mail regulations generally, precluded this more
specific, subsequent lawsuit. The Fourth Circuit disagreed. Id. The
Crowe court found that a prior class action did not bar an inmate from
bringing a subsequent challenge, so long as the inmate was challenging
acts which occurred after the judgment in the first suit was entered.
This was true, moreover, even when the inmate bringing the second action
was a member of the previous class. The court found:
the [prior] judgment does not bar the present action
under principles of res judicata. Although that
judgment precludes plaintiffs from relitigating the
constitutionality of defendants' acts occurring before
[the day the first judgment was issued], res judicata
does not prevent them from challenging acts occurring
after [that date].
Id. at 187. The court therefore concluded that claim preclusion "has
very little applicability to a fact situation involving a continuing
series of acts, for generally each act gives rise to a new cause of
action." Id.
2. Identity of Parties
Application of claim preclusion requires an identity of parties.
Defendants state that "700 members of the putative class in this case are
members of the Evans class." Defs.' Mem. at 1. Plaintiffs claim that
there "is no basis for this allegation in the pleadings, or in any facts
before this court." Pls.' Opp. 5. Defendants also assert that
plaintiffs Jane Does I, II, and III are Evans class members. Defs.' Mem.
at 1 n. 2. In regard to this claim, plaintiffs, once again, provide that
"this is an unsupported hearsay assertion, not properly
before this court." Pls.' Opp. at 5. Plaintiffs concede that "there may
indeed be some overlap between the putative class here and the Evans class"
but plaintiffs nevertheless insist that "the two classes are not
identical." Id.
Though plaintiffs never specifically state that Jane Does I, II, and
III are not Evans class members, this matter appears unsettled. It is
also unclear, assuming arguendo that a class will be certified here, to
what extent there will be overlap between the class members in Evans and
class members in the instant action. The court expects that these
easy-to-answer questions will be resolved in the near term. At this
time, however, the burden of showing an identity of the parties is on
defendants, and, with factual issues unresolved, the court cannot find
this burden has been met. See generally Bennett v. State Farm Fire
& Cas. Ins. Co., 890 F. Supp. 440, 441-42 (E.D. Pa. 1995) (denying
the defendant's motion to dismiss because the defendant had not
demonstrated that the plaintiff was a member of the
previously-adjudicated class action).
While it does not alter the court's ultimate resolution of defendants'
motion, the court does find that defendants have demonstrated that there
was a final judgment in the Evans litigation. Plaintiffs claim that
there has been no final judgment on the Evans litigation because the case
is ongoing and the "final judgment" that was issued in 1978 has been
highly contested and subject to great revision. The contested nature of
that "final judgment," according to plaintiffs, is best evidenced by a
statement by Judge Harris, in which he stated: "On June 14, 1978, Judge
Pratt issued a Final Judgment and Order, which unfortunately proved to be
about as final as peace in the Balkans." Evans v. Williams,
139 F. Supp. 79, 84 (D.D.C. 2001). See Pls.' Reply at 6.
Plaintiffs' argument is without merit. "Consent decrees generally are
treated as final judgments on the merits and accorded res judicata
effect." I.A.M., 723 F.2d at 947; accord United States v. Swift &
Co., 286 U.S. 106, 112 (1931) ("a decree entered upon consent . . . [is]
a definitive adjudication setting [the] controversy at rest"); O'Cedar
Corp. v. F.W. Woolworth Co., 66 F.2d 363, 366 (7th Cir. 1933) ("a decree
of a court . . . rendered by consent of the parties . . . is as binding
and conclusive between the parties and their privies as if the suit had
been an adversary one"). Thus, defendants have adequately satisfied this
necessary factor.
In sum, at the present time, many questions remain. "The burden of
establishing preclusion is placed on the party claiming it, and
reasonable doubts will be resolved against an asserted preclusion."
Schneider v. Colegio de Abogados de Puerto Rico, 546 F. Supp. 1251, 1271
(D.P.R. 1982) (citations omitted). Without more guidance, the court
cannot find that defendants have carried their burden. The court
therefore denies defendants' motion for partial judgment on the pleadings
concerning plaintiffs' request for equitable relief, pursuant to
Rule 12(c).*fn9
Defendants also ask the court to dismiss all claims against MRDDA
because, as a District of Columbia entity, the MRDDA is not amenable to
suit. In this regard, defendants are quite right. The law is clear that
"agencies and departments within the District of Columbia government are
not suable as separate entities." Gales v. Dist. of Columbia,
47 F. Supp.2d 43, 48 (D.D.C. 1999) (citing Fields v. Dist. of Columbia
Dept. of Corrections, 789 F. Supp. 20, 22 (D.D.C. 1992)); see also Arnold
v. Moore, 980 F. Supp. 28, 33 (D.D.C. 1997) ("[g]overnmental agencies of
the District of Columbia are not suable entities") (citing Roberson v.
Dist. of Columbia Bd. of Higher Ed., 359 A.2d 28, 31 n. 4 (D.C. App.
1976); Miller v. Spencer, 330 A.2d 250, 251 n. 1 (D.C. App. 1974));
Jenkins v. Dist. of Columbia, 1996 WL 440551, *1 n. 2 (D.D.C. 1996).
Accordingly, the MRDDA is non sui juris, and the court therefore lacks
jurisdiction over it.
Accepting as true all factual allegations and drawing all reasonable
inferences in plaintiffs' favor, this court concludes that defendants'
motion for partial judgment on the pleadings on the ground of claim
preclusion is DENIED and defendants' motion to dismiss claims against
MRDDA because that entity is not amenable to suit is GRANTED.
Accordingly, it is this 16th day of December, 2002, hereby:
ORDERED, that defendants' motion for partial judgment on the pleadings is
GRANTED in part and DENIED in part.
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text: Sunday, 28 August 2016 Boy takes ripped jeans to newer levels SuccessNana Antwi Mgk Khalifa's ripped jeans shorts caught my attention on FB. Someone said he looks like he's under transformation (transforming to what? Lol). Share on Facebook Share on Twitter Share on Google Plus Join over 50k dearies who receive Somtoo Okoye blog updates on Facebook (and Twitter) Written by Somtoo Okoye on 12:21 pm, Sunday, 28 August 2016 Edit Post


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Food Encyclopedia
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Pronunciation: [kuh-RAF]
A decorative beverage container, usually narrow-necked and fitted with a stopper. Carafes are generally made of glass and used for cold beverages.
From The Food Lover's Companion, Fourth edition by Sharon Tyler Herbst and Ron Herbst. Copyright © 2007, 2001, 1995, 1990 by Barron's Educational Series, Inc.
Related Recipes From Food Network
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text:
Organizing Art Supplies
Organizing art supplies into a 3-ring binder for taking up less space and taking with you on the go!
Very very clever - I didn't come up with this, but I wish I had.
Hutch Used for Craft Storage and Organization - I have been looking all over for an example of this!
Look for glass jars at dollar tree, thrift stores, for C's art stuff!
Pretty sure this little set up will work great. Love the sunshine right next to the table and the only supplies I have (except for 2 tubs of fabric/textile art supplies under my bed) are all conta...
Scandinavia Standard | Minimal Living: Zen and the Art of Moving Countries | 100 Thing Challenge
I love using a Bullet Journal. It keeps me organised and is completely versatile. I've put together a guide for beginners, from the concept and idea to supplies and layouts.
Img 3455
Store art supplies in hanging buckets for easy craft room organization.
Colored pencils as art supply art. Standing vertical behind what looks like wall-mounted acrylic boxes with open tops. Attractive and useful for an art studio.


text:
Buffalo Chicken Dip
Joyce Lowery
Easy appetizer to share at get togethers.
Featured Pinch Tips Video
- 20 oz
- canned chunk chicken, drained
- 16 oz
- cream cheese, softened
- 1 can(s)
- rotel tomatoes, drained
- 1 c
- ranch dressing
- 3/4 c
- louisiana hot sauce
- 1 1/2 c
- cheddar cheese, shredded
Directions Step-By-Step
1Heat chicken and hot sauce until heated through.
2Stir in cream cheese and ranch dressing. Add rotel tomatoes. Cook. Stir until well blended and warm.
3Mix in half the cheddar cheese and transfer to a slow cooker. Sprinkle remaining cheddar cheese on top. Cover and cook on low setting until hot and bubbly. Serve with Ritz crackers.
About this Recipe
Course/Dish: Meat Appetizers
Main Ingredient: Chicken
Regional Style: Southwestern


text:
Island sports: Elks Hoop Shoot contest results
The Alameda City Wide Finals for the 2011 Elks Hoop Shoot Contest were held Friday, January 7 at the Alameda Point Gym. Overall, over 350 boys and girls took part in the Hoop Shoot Contest during the fall in the park and school sites.
The first-place winner in each age group (highlighted) will advance to the next stage, the district finals, which will be held this Saturday, January 15 at Sierra High School in San Mateo.
Girls 8-9
1st-Sophia Nilsson 19/25 shots
2nd-Courtney Keast 10/25
Girls 10-11
1st- Stephanie Fong 12/25
2nd-Madison Bonner 11/25
3rd-Julie Truong 7/25
Girls 12-13
1st-Victoria Morin 14/25
Boys 8-9
1st-Lassel Rose Jr. 14/25
2nd-Robert Jaylin Holt III 9/25
3rd-Aeneas Pardo 9/25
Boys 10-11
1st-Bryan Woo 20/25
2nd-Thomas Nilsson 17/25
3rd-Kenan Hurem 13/25
Boys 12-13
1st- Daniel Ratto 19/25
2nd-Gabe Sable 3/25


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Supreme Court of New York, Second Department
October 23, 2013
The People of the State of New York, respondent,v.Eric Sanabria, appellant. Ind. No. 10-00468
Mark Diamond, New York, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Middletown, N.Y. (Robert H. Middlemiss of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Orange County (De Rosa, J.), rendered July 13, 2011, convicting him of criminal possession of stolen property in the fourth degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support his convictions is unpreserved for appellate review, as defense counsel made only a general motion for a trial order of dismissal based upon the People's alleged failure to make out a prima facie case (see CPL 470.05; People v Hawkins, 11 N.Y.3d 484, 491-492; People v Chance, 105 A.D.3d 758, 759; People v Hill, 72 A.D.3d 702, 705). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Additionally, in fulfilling our responsibility to conduct an independent review of the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 N.Y.3d 342), we nevertheless accord great deference to the factfinder's opportunity to view the witnesses, hear the testimony, and observe demeanor (see People v Mateo, 2 N.Y.3d 383, 410, cert denied 542 U.S. 946; People v Bleakley, 69 N.Y.2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 N.Y.3d 633).
The defendant's contention that he was deprived of the right to a fair trial by certain comments made by the prosecutor on summation is unpreserved for appellate review, as the defendant did not object to the remarks at issue (see CPL 470.05[2]; People v Kinard, 96 A.D.3d 976). In any event, the challenged remarks constituted fair comment on the evidence and the reasonable inferences to be drawn therefrom, or permissible rhetorical comment (see People v Ashwal, 39 N.Y.2d 105, 109-110; People v Gross, 88 A.D.3d 905, 906).
The defendant has failed to establish that he was deprived of the effective assistance of counsel (see People v Benevento, 91 N.Y.2d 708; People v Baldi, 54 N.Y.2d 137).
The defendant's contention that the County Court failed to comply with CPL 400.21 before sentencing him as a second felony offender is unpreserved for appellate review (see People v Jackson, 87 A.D.3d 552, 553-554; People v Csoke, 11 A.D.3d 631; People v Todd, 306 A.D.2d 504, 505). In any event, the County Court substantially complied with the requirements of CPL 400.21 (see People v Bouyea, 64 N.Y.2d 1140, 1142), and the court's failure to specifically ask the defendant if he wished to controvert the allegations in the predicate felony statement was harmless, since the defendant admitted the allegations in the statement, there is no indication that the defendant intended to claim that his prior conviction was unconstitutionally obtained, and he has not alleged any grounds to controvert it (see People v Chase, 101 A.D.3d 1141; People v McAllister, 47 A.D.3d 731; People v Flores, 40 A.D.3d 876).
RIVERA, J.P., LOTT, SGROI and MILLER, JJ., concur.
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LRC, Inc. About Us


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Montblanc Bohème Moongarden watch in a 36mm red gold case featuring the phases and the 12 names of the full Moon (£8,600).
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Kamoro Maxima Integra PT
Talent Acquisition (Recruitment) Officer
Deskripsi Pekerjaan
- As Talent Acquisition (Recruitment) Officer, you will be challenged to achieves staffing objectives by recruiting and evaluating job candidates, advising managers and managing staff relocations.
- You will manage, plan and coordinate the process of recruitment and selection within the organization. Some of them is to manage organization recruitment channel like company web, job portals, university career center, etc.
- You will also join our existing team to approach, connect and maintain good relationships with candidate for present or future openings and also with oganization current employees - as they are the organization greatest assets.
Selected candidates should meet the following requirements:
- Minimum Bachelor's Degree, Human Resource Management, Psychology or equivalent with minimum GPA of 3.2.
- Experience in interview and selection, recruitment and placement and also psychological test tools at least 2 years.
- Excellent interpersonal and communications skills.
- Having a good understanding about Human Resources policy, regulation and other human resources process are more preferable.
- Preferably Supervisor / Coordinators specializing in Human Resources or equivalent.
You should have the following attributes:
- Able to work in tight deadlines, multi tasking and adapt to a dynamic environment.
- Able to communicate and work well within a team.
- Good English proficiency.
Visit our website ( www.kamoro.com) for more details information about our company.
We regret that only shortlisted candidates will be contacted.
Ke halaman yang merekrut lowongan ini
Data pekerjaan
|Jakarta Barat, DKI Jakarta
|Teknik Informatika (IT)
|Kamoro Maxima Integra PT lihat lowongan lihat gaji lihat review lihat profil
Deskripsi Perusahaan
Founded in September 2003, Kamoro Maxima Integra is an IT consulting company based in Jakarta, Indonesia. Our objective is to be the provider of choice of integrated custom application development using latest technology available in the market.
Kamoro Maxima Integra has completed many projects which enable an integrated enterprise by providing the capability to merge and extend the diverse information assets of large enterprises. This integration leads to enhanced operational, marketing, and customer service efficiencies.
Since 2005 until today, as an outcome of our excellence service and solutions, Kamoro Maxima Integra become the provider of choice for world's largest mining company where we provide solutions, develop integrated custom web/mobile applications and provide day to day support to their 60,000 users around the globe.
As per today, we become IT solution provider for many big companies in different industry from retail and distribution, telecommunication, automotive, etc.
Our recruitment standard is high. We recruit only the best IT graduates from leading universities. As a result, 80% of our staff was ranked as top ten best graduate students.
Some of our clients as per May 2015,
• PT Freeport Indonesia
• PT Freeport Indonesia
• Freeport McMoran Copper & Gold, Inc
• Kapal Api Group
• Sinar Agung Sejahtera
• MZIS International School
• Inti Kapuas International
• Astra Honda Motor
• Vale Indonesia
• Axis Telecommunication
• Lippo Karawaci
• ASEAN Stats
• Kapal Api Group
• Sinar Agung Sejahtera
• MZIS International School
• Inti Kapuas International
• Astra Honda Motor
• Vale Indonesia
• Axis Telecommunication
• Lippo Karawaci
• ASEAN Stats
• Intensive Medicare
• Anggana Anggih Prima
• Tower Bersama
Mengapa bergabung dengan kami?
We offer very attractive salary and outstanding benefits. Most of our clients are multinational company which you will be exposed to a large IT environment and valuable experience in international scale projects. You will always learn new things as our projects always adopt latest technology and best practice available in the market. Last but not least, we offer a supportive and encouraging environment that puts the emphasis on teamwork. Here, your soft skill (professional relationships, character, attitude) will grow as fast as your technical skill.
Ke halaman yang merekrut lowongan ini
lowongan kerja rekomendasi
Finance And Accounting Manager
Accounting Tax Staff (Penempatan Mauk, Tangerang)
PHP - Laravel Developer/PHP - Laravel Developer
Software Tester and Quality Assurance
Kamoro Maxima Integra PT
Ruangan Luas dan Fasilitas Laptop
- Masih Bekerja
- Information Technology
- 11 Juli 2015
- Rekomendasi
- Gaji & Benefit
- Work/Life Balance
- Senior Manajemen
- Nilai & Budaya
- Jenjang Karir
- Pros
- Bekerja di perusahaan ini yang saya ingat adalah ruangannya yang luas dan juga ada fasilitas laptop yang dipinjamkan dari perusahaan sehingga terasa sangat nyaman.
- Cons
- Adanya kesenjangan antar karyawannya karena manajemen yang tidak jelas dsb. Selain itu perusahaan juga menuntut karyawannya untuk lembur tanpa memberikan kompensasi lebih.


text:
Recent Meetups
September 17 · 9:00 AMWakesurf and Wakeboard at Roosevelt Lake
Join me at Roosevelt Lake this Saturday for some water sports. We're meeting at the Cholla boat ramp area at 9:00 am. You'll need a Tonto pass to park for the day; it... Learn more
September 17 · 7:00 AMSaguaro Saturday!
Meet at the first Ramp by 7:00am. Remember you'll need a Tonto Pass, they don't sell them at Saguaro! If the water is o.k., we can board for a bit, otherwise we'll fill... Learn more
September 17 · 6:00 AMSaturday Lake Pleasent run
Meeting at 10 lane for some wakeboarding fun bring your wake surf if you wish
September 16 · 9:00 AMwakeboard have some fun
from 9 am to 2 pm
September 11 · 6:00 AMSunday wakeboarding fun
Meeting at the 10 lane ramp for some fun in the sun
- See all past Meetups


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Dog Walkers in Barker Ten Mile, NC
Book a dog walker to give your dog a 30-minute walk around your neighborhood.
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House Sitting, Drop-In Visits, Dog Walking
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Loving, caring, and trustworthy.
Hope Mills, NC, 28348
Drop-In Visits, Dog Walking
About: Ever since I can remember I have always been around and loved animals. I have had many furry friends growing up and I don't know what I would do wi... (more)
Experience exceptional service and a personalized match
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Results 1 - 3 of 3 Page 1 of 1
Toonmate Deluxe Pontoon High-Back Folding Boat Seat
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High-compression foam padding
Injection-molded plastic seat frame
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Results 1 - 3 of 3 Page 1 of 1


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June 22, 2010
MICHAEL SHARPEv.UNITED STATES OF AMERICA
In his pro se "independent action" brought under Fed. R. Civ. P. 60(d)(1), Michael Sharpe, a federal prisoner, requests that his sentence be vacated for reasons that he raised in a prior motion brought under 28 U.S.C. § 2255. The government opposes Sharpe's motion, arguing that Fed. R. Civ. P. 60 is an inappropriate vehicle to set aside a criminal conviction or sentence, and the motion is actually a "second or successive" habeas petition. Sharpe, in his Traverse, asserts that Rule 60(d)(1) does provide a remedy to prevent a grave miscarriage of justice where there is no other remedy at law.
Although Sharpe's present filing is characterized as an independent action under Rule 60(d)(1), it is actually a successive habeas petition that was filed without the approval of the Third Circuit Court of Appeals. Therefore, this action will be transferred to the Third Circuit.
Procedural History
On October 29, 2003, a jury found Sharpe guilty of conspiracy to commit robbery and receiving stolen firearms. Before he was sentenced, he was charged in a second indictment with assaulting a federal officer in connection with his arrest on the charges that resulted in the jury verdict. He was later charged in an information with carrying a firearm in connection with a crime of violence.
On June 30, 2004, pursuant to a plea agreement under Fed. R. Crim. P. 12(c)(1)(c), Sharpe entered a guilty plea to the charges in both the second indictment and the information. The parties agreed that an aggregate custodial sentence of 144 months was an appropriate sentence covering all three cases. As part of the plea agreement, Sharpe waived his appellate rights, including the right to bring a collateral attack under § 2255.
On November 5, 2004, Sharpe was sentenced to the agreed upon sentence of 144 months imprisonment. He did not appeal his conviction or sentence to the Third Circuit Court of Appeals.
Sharpe filed a pro se motion under 28 U.S.C. § 2255 on April 30, 2007. In his § 2255 motion, Sharpe attacked his counsel's ineffectiveness in exploring and investigating possible defenses, and in failing to recognize his diminished capacity to enter into an informed guilty plea. He also asserted claims of prosecutorial and judicial misconduct. Lastly, he claimed that he was innocent on the assault charge because the arresting officers were not federal agents and he acted in self defense.
On October 30, 2007, his § 2255 motion was denied. His present contention that his § 2255 claims were never ruled upon because prison officials prevented him from timely filing his § 2255 motion is incorrect. On the contrary, his §2255 claims were considered on the merits even though his § 2255 motion was untimely. Mem. Op., Oct. 30, 2007.
On October 6, 2008, the Third Circuit denied Sharpe's request for a certificate of appealability. His petition for rehearing en banc was denied two months later. The United States Supreme Court denied his request for a writ of certiorari on April 29, 2009.
Rehearing was denied on July 27, 2009.
On November 16, 2009, Sharpe filed this pro se motion under Fed R. Civ. P. 60(d)(1).
Successive Habeas Petition
Rule 60(d)(1) permits the court to "entertain an independent action to relieve a party from a judgment, order, or proceeding...." Fed. R. Civ. P. 60(d)(1). Because a Rule 60 independent action is an equitable one, the proponent must show a meritorious claim or defense.Furthermore, relief under Rule 60(d) is reserved for the rare and exceptional case where a failure to act would result in a miscarriage of justice. United States v. Beggerly, 524 U.S. 38, 42-46 (1998).
Rule 60 may not be used to challenge once again the movant's underlying conviction after his habeas petition attacking the same conviction has been denied. Like a Rule 60(b) motion, one brought under Rule 60(d) may not be used as a substitute for appeal.Fox v. Brewer, 620 F.2d 177, 180 (8th Cir. 1980) (citations omitted); Kettle v. U.S., No. CR. 87-50067-RHB, 2009 WL 2207184, *1 (D.S.D. July 22, 2009) (citations omitted).
An independent action brought under Rule 60(d) is generally treated the same as a motion under Rule 60(b). Nevada VTN v. General Insurance Co. of America, 834 F.2d 770, 775 (9th Cir. 1987). For purposes of applying the "second or successive petition" rule, there is no difference between Rule 60(b) and 60(d). In other words, a petitioner cannot relitigate the merits of his habeas petition under the guise of a Rule 60(d) motion.
We must first determine whether the motion is actually another habeas petition. Because Rule 60(b) and 60(d) are similar, we perform the same analysis we use with respect to a Rule 60(b) motion. See Blackwell v. United States, No. 4:99-CV-1687, 2009 WL 3334895, *7 (E.D. Mo. Oct. 14, 2009).
Where the motion is a second habeas petition, the petitioner must seek approval from the Court of Appeals because the district court lacks subject matter jurisdiction. Benchoff v. Colleran, 404 F.3d 812, 820 (3d Cir. 2005). Absent such authorization, the district court is not permitted to consider the merits of the subsequent petition. 28 U.S.C. § 2244(b)(3)(A).
A determination whether the Rule 60(b) motion is a "second or successive" habeas petition turns on whether the petitioner is attempting to relitigate the merits of his earlier habeas petition or underlying conviction, or is attacking the "manner in which the habeas judgment was procured...." Pridgen v. Shannon, 380 F.3d 721, 727 (3d Cir. 2004). Where the motion is a renewed argument of issues decided in a previous habeas action, it is successive. Id. Where it challenges the integrity of the habeas proceedings, it is not a successive petition and may be considered. Id. Thus, the distinction is between an impermissible substantive attack on the underlying conviction and a permissible structural attack on the habeas proceeding itself. Id.
To avoid the bar against a "second or successive" petition, a petitioner may not couch his claims of error in the language of a Rule 60(b) motion for relief from judgment. Gonzalez v. Crosby, 545 U.S. 524, 531 (2005). It is what he contends, not how he characterizes his motion, that controls. Hence, we must look beyond the label and examine the contents of the motion to determine what the petitioner actually challenges.
Sharpe's Rule 60(d)(1) motion is a successive § 2255 habeas petition that cannot be filed without Third Circuit authorization. In his motion seeking to have his sentence vacated, Sharpe does not challenge the procedures surrounding disposition of his original habeas petition. Rather, he is challenging his sentence and guilty plea, asserting essentially the same arguments he had raised in his § 2255 habeas petition. Therefore, the Rule 60(d) motion will be transferred to the Third Circuit.
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