text:
he hit 200 calls per month, this calls enough to play in 2088
but he did not even make 10 more phone , returned to this
boss acute panic recharge point:
If not admit that the owner, where she can afford to lose?
Trustee of the charge 50 yuan bill, the results appear 5,012,142.72 yuan phone card balance. He played an average of 200 yuan per month, enough money to play in 2088. He played more than 10 consecutive calls, returned this ill-gotten gains. Staff error,Christian Louboutin Noeudette 100 patent sandals, until the top-point communications company boss received a phone call do not know their own accidentally hit the keyboard enter a 5 digit number.
asked people to charge 50 yuan bill, the balance jumped to 500 million
Pang is the Fuling District, who, after graduating from university this year to the longevity District yanjia a railway construction site work, site Shaxi nearest market town has several kilometers. Recently, he found the phone cards used by more than the balance,Christian Louboutin Simple 70 leather pumps, Master Chen then asked the driver to a mobile phone recharge point charge Shaxi 50 calls.
yesterday about 10:59, Mr Pang's cell phone received a text message,Christian Louboutin Simple 85 Suede Pumps, indicating the balance of his cell phone cards are 5,Christian Louboutin Patent Slingback,012,142.72 yuan. Pang shocked,christian louboutin black calfskin Lina 100 banded ankle booties, immediately call the customer service phone, I heard the a clear female voice: human services, to remind each other find out.
Unexpectedly, the customer service inquiries,Christian Louboutin Greissimo Denim Knot Evening, told him he did was to charge more than 500 million.
Trustee confirmed charge 50 yuan, 500 million come from
soon,Christian Louboutin New Simple Pump, Master Chen returned to the site, Mr Pang to get recharge invoices, shown above, recharge his balance after indeed 5,012,142.72 yuan. Mr Pang told the workers more than 500 phone calls into a million have come to see unheard of.
Master Chen can not tell them why, President said that as he is now an average of about 200 calls a month calculating that more than 500 million by 2088 enough to get him, and then a generation of people under 30 years of calculation, the card can pass the 70th generation of his descendants.
Pang again call the customer service phone and asked how to do. Customer service that can not be verified as to which link in the chain is the exception, will be back in 48 hours.
13:00, Pang again call the customer service telephone inquiries, or did not find out why.
creating a sense of worry about the owner: how to do this money gone?
recharge points were definitely wrong,Christian Louboutin black patent Lady Sling 120 slingback, but does not rule out someone deliberately messing around, if the money suddenly disappeared how to do this? Pang immediately call the newspaper, want a reporter to accompany him to the recharge point to explain the situation.
support the mobile phone credit card spending, if the money was stolen the above, how do want me to pay?
hang up the phone before, Pang urged reporters, >
boss acute panic recharge point: how to do the owner to admit its fault?
Yesterday morning, Until about 1 pm, she returned to the store, shop, and she found no abnormalities.
1 pm However, Ms. Dai received the longevity of the communications operator at the telephone company complaints, inquiries after the discovery, the morning they went so far as to charge a customer more than 500 million calls. The store also the year the turnover of around 100 million, which is a 5-year 500 million turnover.
there is no doubt the clerk of the operational errors. Ms. Dai is anxious at this time, immediately use a landline to call the phone Pang, apology, she hoped that Mr Pang's calls to allow the deduction of more than sufficient, and commitment can be recharged a few hundred yuan bills as a thank you.
Ms. Tai said Pang hands invoice of payment, the store not equipped with camera,Christian Louboutin JS 100 paneled leather pumps, if Pang admit its fault, she simply can not pay, and she would go to the bank check out the afternoon, when do not know how to do.
recharge clerk accidentally hit the keyboard,Christian Louboutin Peep-Toe Pump, more knocking At this time,Christian Louboutin Patent Pointed-Toe Pump, Ms. Tai recharge points, only one person.
Pang's phone revealed that he had to hit more than 10 customer service calls.
Ms. Dai said, according to her preliminary investigation, the staff at the input of the 50 top-value, the open seat on the right printer, the left hand accidentally touched a computer keyboard,Christian Louboutin D??collet?? 100 jazz pumps, instant multi-input of the numbers,Christian Louboutin Lady Glitter Slingback Gold, so that the amount of recharge into 5,Christian louboutin black suede Guerriere 120 wrapped boots,012,133 yuan. Printer is started, the clerk points the
Ms. Tai Mr. Xiang Peng printed a wrong note,Christian Louboutin Mater Claude Nude, the Pang agreed to deduct more than filling the bill, Ms. Dai declined to charge him more than 50 proposals.
never existed more than 500 million mobile phone card Pang there more than 5 hours after the ashes. Owner and the owner are sigh.
(newspaper News On-Call 966 988 to provide clues to thank Mr. Peng) reporter Xiaxiang Zhou


text:
The pecan-butter mixture elevates this simple side dish to holiday worthiness. Microwaving the potatoes makes preparation a cinch and frees up your oven for the main dish.
6 adult servings (serving size: 3/4 cup sweet potatoes and about 2 teaspoons pecan butter)
+ Add To Shopping List
6 sweet potatoes (about 3 pounds)
2 tablespoons water
3/4 cup 1% low-fat milk
6 tablespoons light brown sugar, divided
1/2 teaspoon salt
3 tablespoons butter, softened
3 tablespoons chopped pecans, toasted
1/2 teaspoon ground cinnamon
1. Place potatoes and water in a medium bowl; cover bowl with plastic wrap. Microwave at HIGH 10 minutes or until tender; let cool slightly. Scoop out pulp, discarding skins. Combine sweet potato, milk, 3 tablespoons brown sugar, and salt in a medium bowl; mash with a potato masher to desired consistency.
2. Combine remaining 3 tablespoons brown sugar, butter, pecans, and cinnamon in a small bowl. Sprinkle butter mixture evenly over potato mixture.
for your toddler: Serve a spoonful of the potatoes on a plate or in a small bowl with a spoon. Omit the pecan-butter mixture, if desired.
Created date
January 2011
Nutritional Information
Calories 276
Caloriesfromfat 0.0 %
Fat 8.9 g
Satfat 4.1 g
Monofat 3.1 g
Polyfat 1.2 g
Protein 3.8 g
Carbohydrate 46.9 g
Fiber 4.9 g
Cholesterol 16 mg
Iron 1.7 mg
Sodium 303 mg
Calcium 104 mg

subset: commoncrawl


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text:
Click on a thumbnail to go to Google Books.
A Tale of Two Cities (original 1859; edition 2003)
by Charles Dickens
Work details
A Tale of Two Cities by Charles Dickens (1859)
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During the time of the French Revolution. A man goes to France to save an old vassal[he has renounced his holdings and aristocratic living though], is arrested and charged with death. Another man, a dissolute wastrel, who looks just like him, takes his place so that he can be with his wife and child. It showed the horrors of the French Revolution and just how self-gratification oriented it was.
A Tale of Two Cities is a novel written by Charles Dickens. It tells the tale of the French Revolution of 1978, and the times leading up to the Revolution, as it affects multiple characters from multiple socioeconomic backgrounds. We can see mystery, suspense, humor and drama in this book. Like the best and worst of times that it portrays, we can see the best and worst of humanity here. This novel has greatness hidden in many places.
The weakness of this book is the vocabulary level that it contained. It takes a long time for a reader to clearly understand the words. It should be read with notes and study guides for its depth and complexity.
The strength of this book is the setting in third person limited point of view, which allows readers to view the heavy contrast between the different social classes. Dickens' use of foreshadowing and symbolism keeps the reader thinking, and the somewhat disturbing topic of the French Revolution keeps the reader intrigued.
Overall, I would recommend A Tale of Two Cities to anyone with desire to read a classic, yet very thought-provoking novel.
Whether a person is an avid book reader or just a regular guy, he/she would probably have heard about this book and, of course, its infamous first lines: "It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness.....".
This widely known quote of the book is a perfect example on one of the main strengths of this book. Charles Dickens skillfully describes everything in the book (in this case, the book's setting) in a vivid and detailed way, yet his choice of words also leaves room for us to imagine and interpret the situation ourselves. This story is set during the French Revolution, and he describes the situation and tension perfectly. The story itself and its characters are quite intriguing and interesting to see unfold through many twists and turns and everything in between.
However, as to any book, this book too has its weaknesses, one of them being a strength as well. Dickens' choice of words does paint the reader's minds with a vivid picture; however, the words he used are not what we hear everyday. The words "epoch", "incredulity", and "tremulous" are just some of the words he used, and it's enough to bewilder a regular reader. This combined with lengthy sentences and phrases makes for a difficult read.
In my opinion this is a very interesting book to read, but I would only recommend this book to people who would spend much time in reading it.
A tale of two cities is a very long and detailed historical fiction novel about duality, revolution, violence, love, courage, and sacrifice. There were many sacrifices in this novel by many different characters. The ultimate sacrifice was made by Sydney Carton his sacrifice is pretty heroic. Because of his love for Lucie and his friendship with Darnay, Carton is the example of one of the most important themes implied in this book. Carton helps others, and does not think so much of himself. Right before going to the guillotine, Carton sees a better world, a world where he gave to others, not thinking of himself. These themes help outline an interesting story.
In my opinion that the major strength of this book was the suspense and drama involved to keep the reader hooked. There are always incidents to keep the reader thinking. A major weakness of this book, it was the fact that it was so very long and had a somewhat advanced vocabulary. A Tale of Two Cities was over 300 pages long and took quite a bit of thinking on the reader's part to understand. The novel used some kind of intricate words.
This is a profoundly thoughtful story. It is the sort of novel that should be enormously usable for young people. Much more important, its conception can vivify for us the meanings of the past, can offer us a reading of history, humane and deep, by a great artistic intelligence.
A Tale of Two Cities is a classic novel, a story of loss, love, and liberty. It definitely wasn't easy to read. It took me a couple weeks to get through. But I specially loved the themes presented in the book. The love triangle, for instance, between Lucie, Charles Darnay, and Sidney Carton is quite heart-wrenching at times. The idea of loving someone and doing anything for them, even sacrificing your own life is a timeless theme. Also this tale of resurrection and redemption set against the backdrop of the French Revolution. I like how Dickens guides us to have sympathy with the revolution while at the same time, showing that switching one evil, repressive regime for another is no revolution at all.
The weaknesses of this tale is very complicated to relate quickly. Suffice to say that various characters are introduced and their interconnected doesn't become fully evident until the last hundred pages. This book required more thought while reading because of deep English. However, the strength of this tale was the interaction between individuals and society. Dickens was particularly intrigued by Carlyle's history, The French Revolution. It captures the imagination of general readers through its swift, exciting story and memorable rendering of the French Revolution.
In conclusion, this book is really great for us to read even though the writer used deep English and quite hard to understand. In addition, very recommended book because it is written by the magnificent writer.
Is contained in
Five Novels: A Christmas Carol/David Copperfield/Great Expectations/Oliver Twist/A Tale of Two Cities by Charles Dickens
Four Complete Novels: A Christmas Carol; Great Expectations; Hard Times; A Tale of Two Cities by Charles Dickens
A Tale of Two Cities and Great Expectations by Charles Dickens
Great Expectations / Oliver Twist / A Tale of Two Cities by Charles Dickens
A Christmas Carol / David Copperfield / Great Expectations / Oliver Twist / The Pickwick Papers / A Tale of Two Cities by Charles Dickens
Great works of Charles Dickens by Charles Dickens
American Notes / Pictures from Italy / A Tale of Two Cities by Charles Dickens
A Child's History of England / A Tale of Two Cities by Charles Dickens
Master Humphrey's Clock / A Tale of Two Cities by Charles Dickens
The complete novels of Charles Dickens by Charles Dickens
Great Novels: Charles Dickens by PARR
Christmas Books/Message from the Sea/Tale of Two Cities by Charles Dickens
Is retold in
Has the adaptation
A Tale of Two Cities [adapted - Saddleback Timeless Classics] by Charles Dickens
A Tale of Two Cities [Penguin Readers] by Charles Dickens
A Tale of Two Cities [adapted - Penguin Reader] by Charles Dickens
A Tale of Two Cities [audio dramatization - BBC] by Charles Dickens
Has as a reference guide/companion
Charles Dickens's A Tale of Two Cities (Bloom's Modern Critical Interpretations) by Harold Bloom
Has as a student's study guide
References to this work on external resources.
Wikipedia in English (12)
Amazon.com Product Description (ISBN 0141439602, Paperback)
After eighteen years as a political prisoner in the Bastille the aging Dr Manette is finally released and reunited with his daughter in England. There two very different men, Charles Darnay, an exiled French aristocrat, and Sydney Carton, a disreputable but brilliant English lawyer, become enmeshed through their love for Lucie Manette. From the tranquil lanes of London, they are all drawn against their will to the vengeful, bloodstained streets of Paris at the height of the Reign of Terror and soon fall under the lethal shadow of La Guillotine.
(retrieved from Amazon Thu, 12 Mar 2015 18:09:50 -0400)
After eighteen years as a political prisoner in the Bastille, the aging Doctor Manette is finally released and reunited with his daughter in England. There the lives of two very different men, Charles Darnay, an exiled French aristocrat, and Sydney Carton, a disreputable but brilliant English lawyer, become enmeshed through their love for Lucie Manette. From the tranquil roads of London, they are drawn against their will to the vengeful, bloodstained streets of Paris at the height of the Reign of Terror, and they soon fall under the lethal shadow of La Guillotine. This edition uses the text as it appeared in its first serial publication in 1859 to convey the full scope of Dickens's vision, and includes the original illustrations by H.K. Browne ('Phiz'). Richard Maxwell's introduction discusses the intricate interweaving of epic drama with personal tragedy.… (more)
(summary from another edition)
Amazon Kindle (340 editions)
Audible (65 editions)
CD Audiobook (84 editions)
Project Gutenberg (1 edition)
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Popular covers
65 editions of this book were published by Audible.com.
Penguin Australia
5 editions of this book were published by Penguin Australia.
Editions: 0141439602, 0141031743, 0141325542, 0141196904, 0141199709
Tantor Media
An edition of this book was published by Tantor Media.
Recorded Books
An edition of this book was published by Recorded Books.
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text:
Because Knetbooks knows college students. Our rental program is designed to save you time and money. Whether you need a textbook for a semester, quarter or even a summer session, we have an option for you. Simply select a rental period, enter your information and your book will be on its way!
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text:
A diet high in potatoes, whether boiled, baked, mashed as well as french fries, has now been linked to an increased risk of high blood pressure in both adult men and women. Nevertheless, the study published on May 17 in The BMJ states that replacing one serving of potatoes with another serving of non-starchy vegetable reduces the hypertension risk.
While potato consumption is widely recommended thanks to the vegetable's high potassium content, its hypertension link has never been studied until now. Still, others believe that considering an individual's general dietary pattern and risk is more practical in determining the risk of acquiring health problems than considering a specific food item.
The researchers from Brigham and Women's Hospital and Harvard Medical School studied more than 187,000 men and women from three cities in the US for over a 20-year period. The participants' blood pressure, intake of mashed, boiled, baked potatoes, french fries, and potato chips or crisps was inquired through a questionnaire.
Four or more servings of french fries, baked, boiled, or mashed potatoes weekly increased the risk of developing high blood pressure. Those women who only consumed less than one serving a month of these foods were not at risk of developing the disease.
Interestingly, eating potato chips or potato crisps did not increase the hypertension risk. Overall, the researchers believe that a potato's high glycaemic index explains the increased risk.
Still, the research team admits that further investigations about higher potato consumption's association with high blood pressure are needed. Moreover, they assert that their study does not confirm that potatoes are harmful to one's health and must be excluded from dietary recommendations. The findings only support other research that showed foods with high carbohydrates can cause various health problems.
"We will continue to rely on prospective cohort studies," the authors state. "But those that examine associations between various dietary patterns and risk of disease provide more useful insights for both policy makers and practitioners than does a focus on individual foods or nutrients."


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Friedrich and Dimmock Borosilicate Glass Melting Point Capillaries
Manufacturer: friedrich & dimmock inc 12-141-5
Description & Specifications
|Borosilicate Glass
|Diameter (English) Outside
|0.059 to 0.078 in.
|Diameter (Metric) Outside
|1.5 to 2mm
|Product Type
|Melting Point Capillary
|End Treatment
|One end sealed
|Length (English)
|3.54 in.
|Length (Metric)


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E-tech Bullet Pc1414ux Driver Download
E-tech Bullet Pc1414ux Driver Details:
E-tech Bullet Pc1414ux File Name: e-tech_bullet_pc1414ux.zip
E-tech Bullet Pc1414ux Driver Version: 272h6Y
E-tech Bullet Pc1414ux ZIP Size: 128.kb
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Driver Download Score63/100
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Overall preformance Score75/100
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The Swan Lake, Ballet, Op. 20: Xl. Act III, No. 19 - Pas De Six:: Coda (Allegro Molto)
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0 Prior Station Road Cedartown, GA 30125
Residential zoned acreage. Can be bought as a whole or subdivided into 2 tracts. This is a beautiful wooded lot close to town and convenient to everything. Tract 1= 6.77 acres, tract 2= 5.35 acres. Total of both tracts 12.12 acres.
- Listing Status Active
- Neighborhood None
- County Polk
- Sale Type Normal sale
- Elementary Cherokee - Polk
- Middle Cedartown
- High Cedartown
- Kitchen
- Appliances
- Bedrooms
- Master Bath
- Dining Room
- Fireplaces
- Laundry
- Rooms
- Basement
- Pool
- Lot 0
- Disability Access
Other Information
- Interior
- Exterior
- Construction
- Green Building Certifications
- Heating
- Cooling
- Energy Features
- Home Warranty
- Setting Other
- Amenities None
- Neighborhood Amenities
- Parking
Waterfront Features
- Lake Name None
- Waterfront Footage 0
- Boathouse
- Dock None
Legal/Financial Information
- Taxes $0 (2000)
- Special Circumstances None
- Association Fee
- Association Fee Includes
Listing provided courtesy of null. Listings identified with the FMLS logo come from FMLS, are held by brokerage firms other than the owner of this website and the listing brokerage is identified in any listing details. Information is deemed reliable but is not guaranteed. ©2016 First Multiple Listing Service, Inc.
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Listings identified with the FMLS IDX logo come from FMLS, are held by brokerage firms other than the owner of this website and the listing brokerage is identified in any listing details. Information is deemed reliable but is not guaranteed. ©2014 First Multiple Listing Service, Inc.
© 2014 North East Georgia MLS. the information provided is for the consumer's personal, noncommercial use and may not be used for any purpose other than to identify prospective properties that the consumer may be interested in purchasing. Some or all of the listings displayed may not belong to the firm whose web site is being visited.


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February 2, 2011
JULIAN GAGO DE MEDEIROS,PLAINTIFF,v.JAMES A. YATES, WARDEN, ET AL., DEFENDANTS.
COMPLAINT DISMISSED WITH LEAVE TO THIRD AMENDED COMPLAINT DUE WITHIN THIRTY DAYS (ECF No. 45) AMEND SCREENING ORDER
Plaintiff Julian Gago De Medeiros ("Plaintiff") is a former state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's original complaint was filed on March 25, 2005. (ECF No. 1.) He filed a First Amended Complaint on March 30, 2005 (ECF No. 4); it was dismissed with leave to amend on April 11, 2008. (ECF No. 10.) Plaintiff filed a Second Amended Complaint on April 14, 2009. (ECF No. 35.) Then on July 17, 2009, he filed another amended complaint titled "Second Amended Complaint." (ECF No. 45.) It is this July 17, 2009 Second Amended Complaint that is now before the Court for screening.
For the reasons set forth below, the Court finds that Plaintiff has failed to state a claim upon which relief may be granted.
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 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. 28 U.S.C. § 1915A(b)(1), (2). "Notwithstanding any filing fee, or any portion thereof, that may have been paid, the court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim upon which relief may be granted." 28 U.S.C. § 1915(e)(2)(B)(ii).
A complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief . . . ." Fed. R. Civ. P. 8(a)(2). Detailed factual allegations are not required, but "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). Plaintiff must set forth "sufficient factual matter, accepted as true, to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). While factual allegations are accepted as true, legal conclusions are not. Iqbal, 129 S.Ct. at 1949.
Plaintiff alleges his rights to Equal Protection and Due Process have been violated and that he is being retaliated against in violation of the First Amendment. He names the following individuals as Defendants: James A. Yates, Warden; Gail Lewis, former Warden;
M. Quincel, Holds and Warrants Desk; J. L. Clayons, CC-I Corrections Counselor; N. E. Villa, CC-II, Appeals Coordinator; G. Duran, CC-I, Corrections Counselor; H. Allison, CC-II, Corrections Counselor; J. L. Spells, CC-I, Corrections Counselor; K. M. Turner, CC-I, Corrections Counselor; H. Hatten, CC-I, Corrections Counselor; J. Hurl, R&R Corrections Sergeant; M. Gellerson, R&R Corrections Officer; and S. Ghidell, R&R Corrections Officer. All above Defendants were employed at Pleasant Valley State Prison ("PVSP") at the time of the complained of incidents.
Plaintiff also names the following individuals as Defendants: California Board of Prison Terms; Paul Mena, Parole Unit Supervisor, Board of Prison Terms; D. H. McBean, Deputy Commissioner, Board of Prison Terms; J. Quintilliani, Deputy Commissioner, Board of Prison Terms; R. V. Mejia, Deputy Commissioner, Board of Prison Terms; Timothy O'Hara, Deputy Commissioner, Board of Prison Terms; R. Vazquez, Deputy Commissioner, Board of Prison Terms; T. J. Mackenberg, Deputy Commissioner, Board of Prison Terms; Jeanne S. Woodford, Director, California Department of Corrections; Edward Alameida, Jr., former Director, California Department of Corrections; and Does I through XXX.
Plaintiff makes the following specific allegations: On August 20, 1998, while Plaintiff was being held at PVSP, he was interviewed by U.S. Immigration and Naturalization Service*fn1 ("INS") agents. Plaintiff's INS file stated that he was a lawful permanent resident ("LPR"). One of the INS agents informed Plaintiff that the only reason for placing a detainer in his prison file was the state conviction, which, if not overturned on appeal, could act as grounds for initiation of removal proceedings. At the time, Plaintiff was in the process of appealing his conviction.
On September 15, 1998, Plaintiff was summoned to the Correctional Counselor's Office and presented with a copy of the immigration detainer by Defendant Clayons. Plaintiff was directed to sign the detainer receipt (Form CDC-661) prepared by Defendant Quincel. The form was dated September 11, 1998 and falsely stated that Plaintiff was the subject of an INS warrant for illegal entry into the United States. Plaintiff denied that he had entered the United States illegally and refused to sign the form. Plaintiff was not aware at the time that the California Department of Corrections and Rehabilitation automatically charged all alien LPRs with illegal entry.
On October 20, 2001 and again on December 19, 2001, Plaintiff was directed by Defendants Duran and Allison to sign Form CDC-1515 titled "Notice and Conditions of Parole." This form included as a special condition of parole the prohibition of re-entry into this country by Plaintiff without permission. This special condition was approved on October 6, 2001 by Defendant Mena based on the false illegal entry charge. Plaintiff refused to sign this form, specifically objecting to the special condition on the basis that he had not illegally entered the country. ///
On February 1, 2002, a parole revocation hearing*fn2 was held before Defendant McBean. Plaintiff was charged with refusal to sign the Notice and Conditions of Parole form. During the hearing, Plaintiff repeatedly inquired about the legal basis and source of authority for the imposition of the prohibition against reentering the country. Plaintiff was informed that it resulted from the charge of illegal entry. Plaintiff objected and stated that the charge was false. He again refused to sign the form containing the special condition and was sentenced to six additional months of incarceration.
On April 23, 2002, Plaintiff was again directed by Defendants Duran and Allison to sign a new Notice and Conditions of Parole form with the exact same special condition. Plaintiff declined to sign and requested documentation supporting the illegal entry charge. Plaintiff was told to request the documentation from the prison records department. Plaintiff submitted a request for the documentation on May 1, 2002. A response was received on May 29, 2002 stating that all INS holds were issued for illegal entry and that Plaintiff should contact INS for further information. Plaintiff filed a grievance disputing the explanation. Defendant Villa refused to process the grievance claiming it was untimely. On July 9, 2002, Defendant Villa told Plaintiff not to resubmit the grievance "or else."
On June 17, 2002, another parole revocation hearing was held before Defendant Quintilliani for a new charge of refusing to sign the Notice and Conditions of Parole form. Plaintiff requested witnesses and documentation supporting the illegal entry charge. His requests were denied. He again refused to sign the form. Again, an additional six months was added to his term of imprisonment.
The same process was repeated five times with the same result. Specifically, on October 4, 2002, May 30, 2003, and November 26, 2003, Defendant Spells directed Plaintiff to sign the Notice and Conditions of Parole form with the special condition precluding re-entry; on May 18, 2003, Defendant Turner did the same; and on November 23, 2004, Defendant Hatten did so as well. On each and every occasion, Plaintiff refused to sign, and on each and every such occasion new parole violation charges were filed.
On February 10, 2003, Defendant Mejia conducted a parole revocation hearing. On July 25, 2003, January 12, 2004, and December 17, 2004, Defendant O'Hara conducted the revocation hearings. On July 12, 2004, Defendant Vazquez conducted the hearing. During each hearing, Plaintiff requested that he be allowed to present material witnesses (Defendants Quincel, Clayons, and Mena) who would have testified as to the source and validity of the illegal entry charge; each time Plaintiff's request was denied. Each hearing resulted in an additional six months of incarceration for Plaintiff's refusal to sign.
On March 11, 2005, Plaintiff received a letter from Defendant Hurl informing him of prison officials' intent to dispose of Plaintiff's boxes of legal materials related to his cases. Plaintiff filed a grievance in response to this letter.
Plaintiff seeks a temporary restraining order, preliminary injunction, other injunctive relief, declaratory relief, compensatory and punitive damages, costs, and attorney fees.
The Civil Rights Act under which this action was filed provides:
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. "Section 1983 . . . creates a cause of action for violations of the federal Constitution and laws." Sweaney v. Ada County, Idaho, 119 F.3d 1385, 1391 (9th Cir. 1997) (internal quotations omitted).
A. Equal Protection Claim
Plaintiff alleges that his Equal Protection rights under the Fourteenth Amendment are being violated. Under the Equal Protection Clause, "all persons similarly circumstanced shall be treated alike" by governmental entities. F.S. Royster Guano Co.
v. Virginia, 253 U.S. 412, 415 (1920). However, "[t]he Constitution does not require things which are different in fact or opinion to be treated in law as though they were the same." Tigner v. Texas, 310 U.S. 141, 147 (1940).
Equal protection claims alleging disparate treatment or classifications are subject to a heightened standard of scrutiny when they involve a "suspect" or "quasi-suspect" class, such as race or national origin, or when they involve a burden on the exercise of fundamental personal rights protected by the Constitution. See, e.g., City of Cleburne v. Cleburne Living Center, Inc., 473 U.S. 432, 440 (1985). The heightened standard of strict scrutiny requires the State to show that the classification is narrowly tailored to serve a compelling government interest. Grutter v. Bollinger, 539 U.S. 306, 326 (2003).
Where the inmate is not a member of a protected class, an equal protection claim is subject to the rational basis test. See McGinnis v. Royster, 410 U.S. 263, 270 (1973) (applying rational basis test where state law denied certain state prisoners good-time credit toward parole eligibility for the period of their presentence county jail incarceration, whereas those released on bail prior to sentence received good-time credit for the entire period of their prison confinement). Under a rational basis inquiry, in order to prevail on an equal protection claim, Plaintiff must demonstrate that (1) he is similarly situated to others, (2) he is being treated worse than others to whom he is similarly situated, and (3) there is no rational basis for the disparate treatment. More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993). Stated another way, prison officials need show only a rational basis for dissimilar treatment of other similarly-situated persons in order to defeat the merits of Plaintiff's claim. Id., 984 F.2d at 271.
Plaintiff argues that the classification scheme employed by the California Department of Corrections and Rehabilitation and the Board of Prison Terms ("CDCR/BPT") is unconstitutional facially and "as-applied" to him.
1. Facial Unconstitutionality
Plaintiff contends that the CDCR/BPT classification scheme required that, as a special condition of his parole, he not be allowed to re-enter the country without consent. Plaintiff claims that upon receiving an immigration detainer (INS hold), the CDCR/BPT officials automatically prepare a Form CDC-661 ("detainer receipt") with false and fabricated charges of illegal entry, which the inmate is required to sign. Then, at the time of parole, officials require another signature on Form CDC-1515, including special conditions of parole. He argues that either the scheme and/or the special condition is not related to any legitimate penological goal or compelling state interest, that it causes an undue burden, and denies basic constitutional and statutory protections otherwise afforded to other citizens. Plaintiff contends that this is due to discrimination against alien inmates, foreign-nationals, and inmates with LPR status. Moreover, he claims that this classification scheme is designed to deny essential parole services and basic survival necessities to prisoners with LPR status.
The only regulation Plaintiff refers to directly is Title 15, § 3815 of the California Code of Regulations. Section 3815 governs limitations of parole services rendered to illegal aliens upon parole. However, it does not address the classification of aliens.
It appears Plaintiff's primary complaint is with the classification given him by INS, not any classification made by CDCR/BPT. Complaints about the classification should be addressed to INS. Plaintiff was so advised on May 2, 2002: "All USINS holds are issued for 'Illegal Entry.' You will have to take up this charge with USINS. We have nothing to do with the charge." (ECF No. 45, p. 29; Pl.'s Compl. Exh. A, p. 3.)
The Court will grant Plaintiff one more opportunity to amend with the instruction that this time he re-examine his claim and determine where it should properly be directed. If he determines it should be directed at INS, he must initiate and pursue administrative and judicial proceedings pertaining thereto independently of this claim. If he concludes he has a valid legal basis for challenging the way CDCR/BPT acts upon the INS classification, he must specifically identify the legal authority for the challenge, not just itemize the instances in which he was directed to take action he objected to and punished for not taking that action. He must specifically plead how the action, direction and/or punishment violated some constitutional right and specifically identify that right and explain how and why it protects him from the action taken.
2. As-Applied
Plaintiff contends that the classification scheme used by CDCR/BPT is unconstitutional as applied to him.
In evaluating any discrimination claim, the Court must initially determine the appropriate level of scrutiny applicable to the challenged rule or government conduct. To determine whether there has been a violation of the Equal Protection Clause, the Court must first consider whether the classification is based on a suspect class or implicates fundamental rights. See Nordlinger v. Hahn, 505 U.S. 1, 10 (1992); Patel v. Penman, 103
F.3d 868, 875 (9th Cir. 1996). If the classification is based on a suspect class or implicates fundamental rights, the classification is evaluated under a heightened standard. Nordlinger, 505 U.S. at 10. If the classification is not based on a suspect class and does not implicate fundamental rights, it is evaluated under the "rational basis" standard, i.e., the plaintiff prevails only if he establishes the challenged classification is not rationally related to a legitimate state interest. Patel, 103 F.3d at 875.
a. Heightened Scrutiny
Plaintiff argues that he is a member of a suspect class. Plaintiff describes himself as a "foreign born alien and long-time lawful permanent resident" of the United States. (ECF No. 45, p. 5.) He states that his foreign national origin, legal alien status, and protected minority class make him part of a suspect class so as to require the heightened standard of scrutiny as described above.
Both race and alienage are suspect classes for the purposes of the equal protection clause. See Graham v. Richardson, 403 U.S. 365, 372 (1971) (alienage is a suspect classification); Loving v. Virginia, 388 U.S. 1, 11 (classification based on race is suspect). However, "classifications among aliens pursuant to immigration laws 'need only be supported by some rational basis to fulfill equal protection guarantees.'" United States v. Barajas-Guillen, 632 F.2d 749, 752 (9th Cir. 1980) (quoting Alvarez v. District Director, U.S. I.N.S., 539 F.2d 1220, 1224 (9th Cir. 1976)). Thus, lawful permanent residents are not a suspect class. Chavez-Perez v. Ashcroft, 386 F.3d 1284, 1292 (9th Cir. 2004).
To succeed on an equal protection claim based on his race and/or alienage, both of which are suspect classes, Plaintiff is required to show that the challenged policy is not narrowly tailored to serve a compelling government interest. Grutter, 539 U.S. at 326. In this case, Plaintiff has failed to allege what policy he is challenging, how it treats him differently on the basis of his race and/or alienage (as opposed to his immigration status), and why it is not tailored to serve a compelling state interest. While Plaintiff claims that he is a member of two protected classes, he does not allege that the disparate treatment he receives is based on such membership. Instead, he appears to allege that he is being subjected to unequal treatment on the basis of his immigration status. As discussed above, immigration status is not a protected class.
b. Rational Basis
Because lawful permanent residents are not a protected class, any regulation that treats someone differently based on his immigration status is evaluated under the rational basis test. Chavez-Perez, 386 F.3d at 1292 ("different treatment of groups of aliens must be upheld unless it is 'wholly irrational.'"). Under a rational basis inquiry, in order to prevail on an equal protection claim, Plaintiff must demonstrate that (1) he is similarly situated to others, (2) he is being treated worse than others to whom he is similarly situated, and (3) there is no rational basis for the disparate treatment. More v. Farrier, 984 F.2d 269, 271 (8th Cir. 1993).
Plaintiff has failed to satisfy any of the three prongs of the rational basis test. Plaintiff asserts that he is being treated differently, but does not explain how. He does not state how other LPR inmates are treated, how non-LPR inmates are treated, what happens when other inmates (regardless of immigration status) disagree with the special conditions on their forms, or if they receive the same 6 months if they refuse to sign, etc. In sum, Plaintiff fails to allege what prisoners he is similarly situated to and how those prisoners are being treated differently than him.
Plaintiff makes the bare conclusory allegation that there is no rational basis for treating lawful permanent residents differently from other prisoners. However, the allegation alone is insufficient to satisfy his obligation under the rational basis test. Further, it appears to the Court that there may well be many reasons to treat foreign national prisoners differently than national prisoners when related to parole. See Lizarrago-Lopez v. U.S., 89 F.Supp.2d 1166 (D. Cal. 2000); McLean v. Crabtree, 173 F.3d 1176 (9th Cir. 1999).
c. "Class of One"
Plaintiff's claims could also be cognizable under the "class of one" theory of equal protection. If a plaintiff has facts showing that he "has been intentionally treated differently from others similarly situated and that there is no rational basis for the difference in treatment," then he may proceed under equal protection as a "class of one." Village of Willowbrook v. Olech, 528 U.S. 562, 564 (2000). Again, Plaintiff has failed to state that other inmates are treated differently, regardless of class, and he also fails to specify the classification scheme on which his claims are based.
d. Summary re "As-Applied" Criteria
Plaintiff's allegations fail to state a claim for violation of Equal Protection as applied to the protected classes of race and alienage, under the rational basis test or otherwise.
He has failed to state that other inmates are treated differently regardless of class, and he also fails to specify the classification scheme on which he bases his claims. Plaintiff will be given leave to amend again if, after reviewing the foregoing, he feels he can correct the deficiencies noted herein.
B. Due Process Claims
In asserting that he was denied access to witnesses and evidence and to the basis for the illegal entry charge and resulting special conditions, it appears that Plaintiff may be claiming he was not afforded fair parole revocation hearings.
The law is clear that there is no federal constitutional right to parole. Greenholtz v. Inmates of Neb. Penal & Corr. Complex, 442 U.S. 1, 7 (1979). An inmate can bring a procedural due process challenge to a parole decision only where there is a state-created liberty interest in parole. See Board of Pardons v. Allen, 482 U.S. 369, 380-81 (1987); Sass v. California Board of Prison Terms, 461 F.3d 1123, 1127 (9th Cir. 2006) (If a state statute governing parole uses mandatory language like "shall" to "create a presumption that parole release will be granted," then an inmate has a liberty interest in parole and may bring a procedural due process challenge to a parole decision.).
Before an inmate may bring a due process claim arising from a parole denial, he must show that there is a state-created liberty interest in parole. See Wilson v. Schwarzenegger, 2010 WL 5422511, *5-*6 (C.D. Cal. Nov. 16, 2010) (The Wilkinson v. Dotson case does not address or supersede the liberty interest analysis but merely identifies parole claims that are not barred by Heck v. Humphrey, 512 U.S. 477, 486-87 (1994)).
The United States Supreme Court in Morrissey v. Brewer established minimum due process requirements for parole violation hearings. See 408 U.S. 471 (1972). Because the revocation of parole is not part of a criminal prosecution, the "full panoply of rights due a defendant in such a proceeding does not apply." Morrissey, 408 U.S. at 480. Morrissey divided parole violations into two stages: the first, when the parolee is arrested and detained; and the second, when parole is formally revoked. According to the Morrissey Court, during the first stage, due process is satisfied if the parolee receives a preliminary hearing to determine whether there is probable cause to believe that the parolee committed the act or acts which would violate parole. Id. at 485-87. In connection with this preliminary hearing, the parolee should receive notice of the time and place of the hearing and the allegations against him; the parolee should be allowed to appear at the hearing and speak on his own behalf as well as present letters, documents, or witnesses in support; upon the parolee's request, any adverse witness should be made available for questioning in the parolee's presence unless the witness would be subjected to risk of harm by having his or her identity disclosed; the hearing should be presided over by an independent hearing officer; and the hearing officer must determine whether there is probable cause for a parole revocation hearing and prepare a summary or digest of the decision. Id. at 486-87.
As for the second stage, the formal revocation hearing, Morrissey stated that the "minimum requirements" of due process consist of the following: written notice of the claimed violation of parole; disclosure of the evidence against the parolee; an opportunity to be heard in person and to present witnesses and documentary evidence; the right to confront and cross-examine adverse witnesses, unless the government shows good cause for not producing the witness; a neutral and detached hearing body; and a written statement by the fact-finders as to the evidence relied on and the reasons for revoking parole. Id. at 489.
California's requirement that inmates must sign the Notice and Conditions of Parole form does not violate federal law or the constitution. See Reed v. Kernan, 2008 WL 906098, *4 (E.D. Cal. April 2, 2008) ("As to the generic question of whether the CDC could require petitioner to sign a form stating conditions of parole, the answer is 'yes.'"). As noted by the Morrissey Court, parolees "are subjected to specified conditions" while on parole that "restrict their activities substantially beyond the ordinary restrictions imposed by law on an individual citizen." Morrissey, 408 U.S. at 478. "The enforcement leverage that supports the parole conditions derives from the authority to return the parolee to prison to serve out the balance of his sentence if he fails to abide by the rules." Id. at 478-79. Moreover, Plaintiff has not cited, and the Court is unaware of, any federal authority that limits a state's right to impose appropriate restrictions on the liberty of parolees.
Plaintiff states that he was denied the right to have Defendants Quincel, Clayons, and Mena appear and testify to the source and validity of the illegal entry charge. The Court is unable to envision how these witnesses or their testimony could be material. As noted, the illegal entry charge was made by INS, not prison officials, not Quincel, Clayons, and Mena. Plaintiff did not request that an INS agent testify.
Plaintiff has not stated a due process violation claim. He will be given leave to amend his complaint to state such a claim.
C. Legal Property Claims
Plaintiff challenges the constitutionality, facially and "as-applied," of Title 15, Section 3161 of the California Code Regulations. Plaintiff states that the rule on its face gives "unfettered discretion and unbridled authority to prison officials" when determining what legal property inmates can retain.
Plaintiff is no longer an inmate with the CDCR. As far as the Court knows, Plaintiff is in the custody of INS. Plaintiff claims that CDCR must hold his boxes of legal materials as they are pertinent to his ongoing cases. The prison system had an obligation to hold on to Plaintiff's voluminous materials for the three years prior to December 20, 2008. (ECF No. 45, pp. 52-62, ; Pl.'s Compl. Exh. D.) Plaintiff was so notified and given ample time to figure out where to have the voluminous materials sent. As evidenced by his last motion, he has not availed himself of the opportunity, but instead repeatedly filed requests to enjoin the prison from destroying his materials. The Court has denied those requests.
It appears to the Court that CDCR has met its obligations by holding Plaintiff's eighty-six boxes of legal materials for three years. Plaintiff has identified no basis for imposing on CDCR a continuing legal obligation to maintain his files. The Court is unaware of any such basis. CDCR has given Plaintiff a viable option to obtain and maintain the files himself.
Plaintiff also makes the bare allegation that the CDRC's position on his files violates his First Amendment right of access to the courts, is conspiratory, retaliatory, and discriminatory. Plaintiff fails to support these allegations with any analysis or explanation. Thus, these claims fail. The Court will grant Plaintiff leave to amend this claim.
D. Miscellaneous Federal Claims
Plaintiff refers or asserts violations under 42 U.S.C. §§ 1981, 1985, and 1986. He fails, however, to allege facts which would support such violations.
1. Section 1981
Section 1981 prohibits racial discrimination by private parties and state actors in the making and enforcement of contracts. Pittman v. Oregon, Employment Dep't., 509 F.3d 1065, 1067 (9th Cir. 2007) (citations omitted). Plaintiff fails to allege any facts indicating he may have been a victim of racial discrimination in the making and/or enforcement of a contract. Thus, Plaintiff fails to state a cognizable claim under 42 U.S.C. § 1981.
2. Section 1985(2) & (3)
Section 1985 proscribes conspiracies to interfere with an individual's civil rights. Section 1985(2) proscribes conspiracies for the purpose of impeding the due course of justice in any state with the intent to deny equal protection of the laws, and Section 1985(3) proscribes conspiracies to deny equal protection of the law or equal privileges and immunities. Coverdell v. Dep't. of Soc. and Health Svcs., State of Washington, 834 F.2d 758, 767 (9th Cir. 1987). An allegation of racial or class-based discrimination is required to state a claim for relief under either the second clause of Section 1985(2) or Section 1985(3). Bretz v. Kelman, 773 F.2d 1026, 1028-1030 (9th Cir. 1985).
To state a cause of action under Section 1985(3), Plaintiff must allege: (1) a conspiracy, (2) to deprive any person or class of persons of the equal protection of the laws, (3) an act by one of the conspirators in furtherance of the conspiracy, and (4) a personal injury, property damage or deprivation of any right or privilege of a citizen of the United States. Gillispie v. Civiletti, 629 F.2d 637, 641 (9th Cir. 1980); Giffin v. Breckenridge, 403 U.S. 88, 102-03 (1971). Section 1985 applies only where there is a racial or other class-based discriminatory animus behind the conspirators' actions. Sever v. Alaska Pulp Corp., 978 F.2d 1529, 1536 (9th Cir. 1992).
In interpreting these standards, the Ninth Circuit has held that a claim under Section 1985 must allege specific facts to support the allegation that defendants conspired together. Karim-Panahi v. Los Angeles Police Dept., 839 F.2d 621, 626 (9th Cir. 1988). A mere allegation of conspiracy without factual specificity is insufficient to state a claim under 42 U.S.C. § 1985. Id.; Sanchez v. City of Santa Anna, 936 F.2d 1027, 1039 (9th Cir. 1991).
Plaintiff has failed to satisfy the requirements of a Section 1985(2) or (3) claim. He offers only a broad allegation of conspiracy in relation to the deprivation of equal protection. He does not allege the existence of conspiracy which is racially-motivated or otherwise attributable to Plaintiff's status in a protected class. As such, Plaintiff has failed to state a cognizable claim under Section 1985(2) or (3).
3. Section 1986 "Section 1986 authorizes a remedy against state actors who have negligently failed to prevent a conspiracy that would be actionable under § 1985." Cerrato v. San Francisco Cmty. Coll. Dist., 26 F.3d 968, 971 n. 7 (9th Cir. 1994). Plaintiff may not pursue a claim for relief under 42 U.S.C. § 1986 unless he has first stated a claim for relief under section 1985. McCalden v. California Library Assoc., 955 F.2d 1214, 1223 (9th Cir. 1992). As noted, Plaintiff's complaint does not state a cognizable claim for relief under Section 1985. Accordingly, Plaintiff's complaint fails to state a claim for relief under Section 1986.
E. Doe Defendants
Plaintiff lists as Defendants, Does I through XXX. "As a general rule, the use of 'John Doe' to identify a defendant is not favored." Gillespie v. Civiletti, 629 F.2d 637, 642 (9th Cir. 1980). "It is permissible to use Doe defendant designations in a complaint to refer to defendants whose names are unknown to plaintiff. Although the use of Doe defendants is acceptable to withstand dismissal of a complaint at the initial review stage, using Doe defendants creates its own problem: those persons cannot be served with process until they are identified by their real names." Robinett v. Correctional Training Facility, 2010 WL 2867696, *4 (N.D. Cal. July 20, 2010).
Plaintiff is advised that Does I through XXX can not be served by the United States Marshal until he has identified them as an actual individuals and amended his complaint to substitute the Defendants' actual names. The burden remains on Plaintiff to promptly discover the full name of Does I through XXX; the Court will not undertake to investigate the names and identities of unnamed defendants. Id. The Court will grant Plaintiff leave to amend this claim and attempt to set forth sufficient identification.
F. Personal Participation and Supervisory Liability
Plaintiff's Complaint includes a long list of Defendants many of whom are not named in the statement of the case, including: Yates, Lewis, Gellerson, Ghidell, Woodford, Alameida, California Board of Prison Terms, Mackenberg, and Does I through XXX. This leads the Court to assume that Plaintiff is arguing that these listed Defendants are liable for the conduct of subordinates as, according to Plaintiff's statement of facts, none of them were present and did not participate in any of the complained of conduct. In fact, the listed Defendants were not mentioned at all in the factual allegations that make up Plaintiff's Complaint.
Under Section 1983, Plaintiff must demonstrate that each named Defendant personally participated in the deprivation of his rights. Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002). The Supreme Court has emphasized that the term "supervisory liability," loosely and commonly used by both courts and litigants alike, is a misnomer.
Iqbal, 129 S.Ct. at 1949. "Government officials may not be held liable for the unconstitutional conduct of their subordinates under a theory of respondeat superior." Id. at 1948. Rather, each government official, regardless of his or her title, is only liable for his or her own misconduct, and therefore, Plaintiff must demonstrate that each defendant, through his or her own individual actions, violated Plaintiff's constitutional rights. Id. at 1948-49.
When examining the issue of supervisor liability, it is clear that the supervisors are not subject to vicarious liability, but are liable only for their own conduct. Jeffers v. Gomez, 267 F.3d 895, 915 (9th Cir. 2001); Wesley v. Davis, 333 F.Supp.2d 888, 892 (C.D.Cal. 2004). In order to establish liability against a supervisor, a plaintiff must allege facts demonstrating (1) personal involvement in the constitutional deprivation, or (2) a sufficient causal connection between the supervisor's wrongful conduct and the constitutional violation. Jeffers, 267 F.3d at 915; Wesley, 333 F.Supp.2d at 892. The sufficient causal connection may be shown by evidence that the supervisor implemented a policy so deficient that the policy itself is a repudiation of constitutional rights. Wesley, 333 F.Supp.2d at 892 (internal quotations omitted). However, an individual's general responsibility for supervising the operations of a prison is insufficient to establish personal involvement. Id. (internal quotations omitted).
Supervisor liability under Section 1983 is a form of direct liability. Munoz v. Kolender, 208 F.Supp.2d 1125, 1149 (S.D.Cal. 2002). Under direct liability, Plaintiff must show that Defendant breached a duty to him which was the proximate cause of his injury. Id. "'The requisite causal connection can be established . . . by setting in motion a series of acts by others which the actor knows or reasonably should know would cause others to inflict the constitutional injury.'" Id. (quoting Johnson v. Duffy, 588 F.2d 740, 743-744 (9th Cir. 1978)).
Further, Plaintiff has not alleged facts demonstrating that many of the listed Defendants personally acted to violate his rights. Plaintiff does not allege that Defendants Clayons, Quincel, Duran, Allison, Mena, Spells, Turner, Hatten, and Hurl violated his rights in any way. Pursuant to Plaintiff's statement of the case Clayons, Duran, Allison, Spells, Turner, and Hatten asked Plaintiff to sign a allegedly false form; Quincel and Mena prepared the forms; and Hurl sent Plaintiff a letter regarding the possible disposal of his legal boxes. As pleaded, these actions are not linked to any violation of Plaintiff's constitutional rights and are not violations in themselves. In his Amended Complaint, Plaintiff needs to specifically link each Defendant to a violation of his rights. Plaintiff shall be given the opportunity to file an amended complaint curing the deficiencies in this respect.
G. Eleventh Amendment Immunity
Plaintiff names the California Board of Prison Terms as a Defendant. The California Board of Prison Terms is entitled to Eleventh Amendment immunity. Brown v. California Dept. Of Corrections, 554 F.3d 747, 751 (9th Cir. 2009); see Dittman v. California, 191 F.3d 1020, 1025-26 (9th Cir. 1999) ("In the absence of a waiver by the state or a valid congressional override, under the eleventh amendment, agencies of the state are immune from private damage actions or suits for injunctive relief brought in federal court. The State of California has not waived its Eleventh Amendment immunity with respect to claims brought under § 1983 in federal court, and the Supreme Court has held that § 1983 was not intended to abrogate a State's Eleventh Amendment immunity[.]") (citations, alteration, and internal quotation marks omitted); see also Pittman v. Oregon Employment Dep't, 509 F.3d 1065, 1071 (9th Cir. 2007) ("[A]n unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another State.") (citation omitted). Thus, Defendant Board of Prison terms should be omitted from Plaintiff's amended complaint.
The Court finds that Plaintiff's Complaint fails to state any Section 1983 claims upon which relief may be granted. The Court will provide Plaintiff one more opportunity to file an amended complaint to address the potentially correctable deficiencies noted above. See Noll v. Carlson, 809 F.2d 1446, 1448-49 (9th Cir. 1987). In his Amended Complaint, Plaintiff must demonstrate that the alleged incident or incidents resulted in a deprivation of his constitutional rights. Iqbal, 129 S.Ct. at 1948-49. Plaintiff must set forth "sufficient factual matter . . . to 'state a claim that is plausible on its face.'" Iqbal, 129 S.Ct. at 1949 (quoting Twombly, 550 U.S. at 555). Plaintiff must also demonstrate that each defendant personally participated in the deprivation of his rights. Jones, 297 F.3d at 934.
Plaintiff should note that although he has been given the opportunity to amend, it is not for the purposes of adding new claims or defendants. Plaintiff should focus the amended complaint on claim and defendants discussed herein.
Finally, Plaintiff is advised that Local Rule 220 requires that an amended complaint be complete in itself without reference to any prior pleading. As a general rule, an amended complaint supersedes the original complaint. See Loux v. Rhay, 375 F.2d 55, 57 (9th Cir. 1967). Once an amended complaint is filed, the original complaint 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 amended complaint should be clearly and boldly titled "Third Amended Complaint," refer to the appropriate case number, and be an original signed under penalty of perjury.
Based on the foregoing, it is HEREBY ORDERED that:
1. Plaintiff's complaint is dismissed for failure to state a claim, with leave to file an amended complaint within thirty (30) days from the date of service of this order;
2. Plaintiff shall caption the amended complaint "Third Amended Complaint" and refer to the case number 1:05-cv-397-AWI-MJS (PC); and
3. If Plaintiff fails to comply with this order, this action will be dismissed for failure to state a claim upon which relief may be granted.
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Program Spotlight: City Mission
This week, we're highlighting a project with a talented team from State Street and its nonprofit partner, City Mission, a social…Keep reading
This week, we're highlighting a project with a talented team from State Street and its nonprofit partner, City Mission, a social…Keep reading
We all recognize that today's workforce is increasingly virtual and global. Indeed, up to 90% of the US workforce reports…Keep reading
We have all seen corporate community engagement undergo a transformation in the past 20 years. Through the 1990's a company's…Keep reading
Over the past ten years, the private sector has vastly increased their investment in communities. In 2015, 75% of companies…Keep reading
We're excited to bring you a brand new blog series Impact Inspirations, where we will be spotlighting our most inspiring…Keep reading
In President Obama's State of the Union address on Tuesday, he called on business to be a force for good…Keep reading
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Hotels near Munich Paleontological Museum
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- Most bookedRocco Forte The Charles Hotel
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"Because of it's close proximity to the main rail terminal, it also benefited from good access to the trams, underground train station and buses. We had a bedroom overlooking the courtyard so although situated on a busy road we had no issue with street noise. Staff were warm friendly and helpful."
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"Well located hotel within easy (20 min) walking distance to the Oktoberfest grounds."
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"A very functional and comfortable hotel. Not flash, not glamorous but very comfortable and has everything you need."
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"Walking distance to main train station and shopping. Although the hotel facade is under removation, generally hotel stay was awesome. Spacious room with kitchenette. 24hr service staff at reception."
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"I stayed in hotel Augusten for business porpose. Hotel was near the main train station and the city centre. Personnel in the hotel was very kind and helpful."
A Traveller, Nov 2016, US
29 people looked at this hotel in the last hour
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"The bed, shower and breakfast was perfect and that's what I care for when on a business trip. The location was a stone's throw away from the tram system and the front desk was very helpful and polite."
A Traveller, Oct 2015, IN
12 people looked at this hotel in the last hour
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"We really loved this hotel. The only reason that I didn't give it a rating of 5 is that we got there at 8:30 pm and the registration was already closed. They did leave an envelope taped to the window with my name on it. It contained the key to our room and instructions to locate the room and u..."
A Traveller, Aug 2016, US
- Arthotel Ana DivaNo Guest Reviews yet
4 people looked at this hotel in the last hour
Map of hotels near Munich Paleontological Museum
- Munich City Centre
- Marienplatz
- Theresienwiese
- Allianz Arena
- Hofbrauhaus
- Olympiahalle
- BMW World
- New Fair Munich
- Olympic Park
- Karlsplatz - Stachus
- Olympic Stadium
- Viktualienmarkt
- Erding Thermal Spa
- English Garden
- Pasing
- International Congress Center Munich
- Ludwig-Maximilians-University of Munich
- Deutsches Museum
- Sendlinger Tor
- Residenz
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EAST HAMPTON - There is controversy today over a police escort given to East Hampton music mogul "Diddy."
Sean "Diddy" Combs performed at Hammerstein Ballroom last Friday then got a New York City police escort for one block to the Lincoln Tunnel.
"Diddy" was headed to an appearance at a New Jersey club.
Mayor Bloomberg says the only reason anyone should get a police escort is for security. The NYPD is now investigating the unauthorized assistance.


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Wicked winds are in the forecast for New Jersey this weekend, which could potentially cause power outages by downing tree limbs and power lines. Here's how to report an outage.
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Text an outage: Text OUT to 69678 (myORU) and follow the prompts.


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Eight prominent building and fire experts have been appointed by Arden Bement Jr., director of the Commerce Department's National Institute of Standards and Technology (NIST), to serve on the National Construction Safety Team (NCST) Advisory Committee. The committee will advise the NIST director on carrying out investigations of building failures conducted under the authorities of the NCST Act that became law in October 2002. That includes advice on the composition and function of investigation teams and other responsibilities under the Act.
The committee members are:
- John M. Barsom, president, Barsom Consulting Ltd., Pittsburgh, Pa.;
- John L. Bryan, University of Maryland, professor emeritus, and consultant, fire protection and life safety, Frederick, Md.;
- Glenn P. Corbett, professor, public management-fire science, John Jay College of Criminal Justice, New York, N.Y.;
- Philip J. DiNenno, president, Hughes Associates Inc., Baltimore, Md.;
- Paul M. Fitzgerald, formerly with FM Global, Johnston, R.I., Holliston, Mass.;
- Robert D. Hanson, University of Michigan, professor emeritus, Walnut Creek, Calif.;
- Kathleen J. Tierney, professor, department of sociology and criminal justice, and director, Disaster Research Center, University of Delaware, Newark, Del.; and
- Forman A. Williams, professor, mechanical and aerospace engineering, and director, Center for Energy Research, University of California at San Diego.
Two additional members may be appointed at a later date.
Members were selected based on their technical expertise and experience, established records of distinguished professional service, and their knowledge of issues affecting teams established under the NCST Act. The NCST Advisory Committee will hold its first meeting in April 2003 at NIST headquarters in Gaithersburg, Md.
Under the NCST Act, NIST is responsible for conducting investigations of events causing building failures that result in substantial loss of life or pose the potential for substantial loss of life. The NIST investigations will establish the likely technical causes of the building failure and evaluate the technical aspects of emergency response and evacuation procedures in the wake of such failures. The goal is to recommend improvements to the way in which buildings are designed, constructed, maintained and used. Currently, NIST is conducting two major investigations: a building and fire safety investigation of the Sept. 11, 2001, World Trade Center fire and building collapses; and the Feb. 20, 2003, fire at The Station nightclub in West Warwick, R.I.
The advisory committee will be one source of information for NIST as it conducts its investigations. NIST is gathering information about these building failures from a host of organizations and individuals.
More information about the NCST may be found online at www.nist.gov/public_affairs/factsheet/constructionact.htm, www.nist.gov/public_affairs/releases/n02-23.htm and www.nist.gov/public_affairs/releases/hr46871.pdf. For background on NIST's more than 30 years of experience investigating building fire and structural failures, go to www.nist.gov/public_affairs/factsheet/bfrlinvestigations.htm.
As a non-regulatory agency of the U.S. Department of Commerce's Technology Administration, NIST develops and promotes measurement, standards and technology to enhance productivity, facilitate trade and improve the quality of life.
NOTE TO EDITORS: Biographical information on the members is available at www.nist.gov/public_affairs/releases/bios_ncstadvcom.htm or by contacting NIST Public and Business Affairs at (301) 975-2762.


text:
A new study from the Government Accountability Office found that states may be underreporting the cases of health care-associated infections in hospitals. The report said many states use the CDC's National Healthcare Safety Network system, which relies on self-reported infection data, and do not have established procedures for validating these data.
Full Story:Modern Healthcare (free registration)


text:
Students news
Financial Times finds McGill MBA one of the most international worldwide
The Financial Times survey of 100 MBA programs in the world, released today, gives the McGill MBA program top ranks in North America: first for international mobility of its graduates, first for percentage of international professors, and in the top five for percentage of international students. Worldwide, McGill graduates rank in the top ten — for the third year in a row — for their international mobility. This criterion is made up of various components, the most important being the percentage of graduates who work in different countries after graduation.
BCom students win first place at Accounting Case Competition
BCom students Vanessa Guimond and Dave Lavallee placed first overall in the Accounting portion of the Inter-Collegial Business Competition (ICBC) held at Queen's last week. In a first round of written cases where Canadian and international universities were invited to participate last October, Dave and Vanessa placed in the top six, which allowed them to take part in the accounting case competition on January 10. Congratulations also go to Accounting professor Steve Fortin, who coached the students throughout the fall.


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Bonjour Tristesse Reviews
Top Critic
Richard Brody
New Yorker
New Yorker
May 16, 2016
A brilliant dialectical filmmaker, Preminger extracts the last ounce of pathos from the anguish of the mute witness.
Calum Marsh
Little White Lies
Little White Lies
August 29, 2013
Jean Seberg is as captivating as ever in Otto Preminger's newly restored 1958 drama.
Full Review | Original Score: 4/5
Peter Bradshaw
August 29, 2013
Underneath the endless round of parties and nightclubs, there is a desperate, secret sadness, and Seberg's stare at the camera is haunting.
James Mottram
Total Film
Total Film
August 28, 2013
Contrasting the picture-perfect backdrop, Saul Bass' title sequence and Juliette Gr�co's rendition of the title song add to the melancholy.
Full Review | Original Score: 3/5
Top Critic
Tom Huddleston
Time Out
Time Out
August 27, 2013
The final shot is one of the most convincingly grief-stricken in cinema.
Michael Nordine
Not Coming to a Theater Near You
Not Coming to a Theater Near You
May 1, 2012
It's almost like a game, the kind that seems funny until someone gets hurt.
Top Critic
Keith Uhlich
Time Out
Time Out
April 24, 2012
Niven and Kerr keenly satirize their onscreen iconographies-the cad and the goody-goody, respectively-but it's Seberg who cuts deepest.
Top Critic
Nick Pinkerton
Village Voice
Village Voice
April 24, 2012
Otto Preminger's formally dazzling 1958 film is an edifice constructed of contrasts.
Emanuel Levy
July 14, 2009
Misunderstood at the time and still underappreciated, this 1958 glossy melodrama improves on Sagan's French novella, displaying Preminger's best qualities as auteur, moral ambiguity, detached, nonjudgmental approach, not to mention smooth visuals.
Full Review | Original Score: A-
Dennis Schwartz
Ozus' World Movie Reviews
Ozus' World Movie Reviews
December 16, 2007
Has a glacial tone that gets covered with a lobster red French Riviera sunburn.
Full Review | Original Score: B
TV Guide
October 23, 2007
Kerr, of course, is a standout talent in spite of script deficiencies, and Demongeot plays the role of a silly blonde well. The Riviera scenes are rich in eye appeal and Kerr's chic costuming by Givenchy adds another plus.
Full Review | Original Score: 3/4
Top Critic
Time Out
June 24, 2006
The flirtation with incest at the centre of this adaptation of Fran�oise Sagan's novel is tame by modern standards, but the evil scheming of Seberg as the daughter set on separating her father and his mistress is still forceful.
David Sanjek
January 9, 2004
While some may be put off by Preminger's glossy presentation of the idle rich, his direction in Bonjour Tristesse engages the mind while it stimulates the senses.
Eric Henderson
Slant Magazine
Slant Magazine
December 8, 2003
Among favorite cinephile pet auteurs, no one's reputation has had a rougher ride than that of Otto Preminger's.
Full Review | Original Score: 4/4
Carol Cling
Las Vegas Review-Journal
Las Vegas Review-Journal
August 22, 2003
| Original Score: 3/5
May 24, 2003
he overall ambiguity of the film and its refusal to make judgements mark it as ahead of its time, while the cast are first-rate, particularly Seberg, veering between impishly mischievous and spookily sinister.
Philip Martin
Arkansas Democrat-Gazette
Arkansas Democrat-Gazette
December 23, 2002
| Original Score: 3/5
Top Critic
Dave Kehr
Chicago Reader
Chicago Reader
January 1, 2000
Arguably, this is Preminger's masterpiece.
Dragan Antulov
January 1, 2000
Hollywood soap opera at its best, nicely done and still entertaining after many decades.
Full Review | Original Score: 7/10
David Nusair
Reel Film Reviews
Reel Film Reviews
November 12, 2012
...palpably overlong...
Full Review | Original Score: 1.5/4


text:
BRIDGEPORT - While Tropical Storm Danny is fading out in the Atlantic, it is still expected to bring heavy rains that may spoil big weekend plans in southwestern Connecticut.
Chris Mancini, the organizer of the Bridgeport-based Blue Fish Tournament, says despite the bad weather, he expects most of the 4,500 fishermen who registered for the contest to attend.
Jamie Cockey, of Naugatuck, says regardless of the weather, he and his two friends will cast their rods Saturday in hopes of getting the $25,000 prize.
Meanwhile, organizers of the Greek Festival in Norwalk say unless there is lightning, the carnival rides and food stalls will remain open, rain or shine.


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160 SW 208 Miami, Florida 33187
5 FOLIOS OF VACANT LAND ON THE CORNER OF 160 ST & 208 AVE SELLING FOR 25K PER ACRE (195k for 7.8 Acres). FOLIOS INCLUDED ARE 30-5828-000-1300, 30-5828-000-1390, 30-5828-000-1400, 30-5828-000-1410 & 30-5828-000-1370
EWM is not responsible for the accuracy of the information listed above. The data relating to real estate for sale on this web site comes in part from the Internet Data Exchange Program and the South East Florida Regional MLS and is provided here for consumers personal, non-commercial use, It may not be used for any purpose other than to identify prospective properties consumers may be interested in purchasing. Real Estate listings held by brokerage firms other than the office owning this web site are marked with the IDX logo. Data provided is deemed reliable but not guaranteed.


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The Columbia Cyclones is a youth hockey program located in Irmo, South Carolina. The goal and mission is to create a tremendous hockey experience for all young hockey players ages 18 and under.
The Capital City Youth Hockey Association (CCYHA) will coordinate both the Plex Indoor Sports Youth Hockey League (House) and the Columbia Cyclones Travel League.
To request information about our program, please contact Tara Clark at firstname.lastname@example.com or
Ryan Petz at email@example.com
Welcome to the Columbia Cyclones....
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text: ITV All Star Family Fortunes Catch up on the ITV Hub Two celebrities and their families compete to win up to 30,000 pounds for a charity of their choice. 2 episodes available to watch Share this programme: Share on Facebook Share on Twitter Share on Google+ Series 5 Latest Episode 3 Sat Saturday 3 Dec 11.10am Calum Best and family team up against Loose Woman Denise Welch and her clan. Episode 2 Sun Sunday 6 Nov 12.40pm Boyzone's Mikey Graham and EastEnders star Cheryl Fergison go head-to-head.