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Barista - Hilton Anaheim & Towers
What will I be doing?
As a Barista, you will be responsible for serving coffee drinks, beverages and food items in a friendly and courteous manner. Accurately collects payment, makes change and closes out guest checks. Sets up and breaks down station and maintains cleanliness. Specifically, you would be responsible for performing the following tasks to the highest standards:
* Operating various coffee and beverage machines, serving food and beverages to customers in a prompt, friendly manner, observing health and safety standards in the operation of all beverage and food equipment. Refilling bowls, arranging food plates and assembling sandwiches as necessary.
* Receiving order from customer, inputting order/prices into the register, and then closing the check to the proper method of payment, (i.e., cash or house charge)
* Setting up and breaking down station, performing various cleaning tasks throughout the shift to meet all health regulations and standards. At the end of shift, returning all unused food to proper departments or storage areas, ensuring that all foods have been properly stored. Ensuring that all equipment, are properly cleaned and stored, including, but not limited to, coffee machines, slush machines, and drink dispensers.
* Balancing house bank at the end of the shift. Retrieving and returning bank from vault to workstation and return to ensure accountability.
* Maintaining inventory of food and supplies and communicating requests daily through written communication to ensure adequate food and beverage supplies. Notifying proper departments of any equipment needs and/or problems.
Hilton World Wide Inc. is acting as an Employment Agency in relation to this vacancy.
Since being founded in 1919, Hilton has been a leader in the hospitality industry. Today, Hilton remains a beacon of innovation, quality, and success. This continued leadership is the result of our Team Members staying true to our Vision, Mission, and Values. Specifically, we look for demonstration of these Values:
- Hospitality - We're passionate about delivering exceptional guest experiences.
- Integrity - We do the right thing, all the time.
- Leadership - We're leaders in our industry and in our communities.
- Teamwork - We're team players in everything we do.
- Ownership - We're the owners of our actions and decisions.
- Now - We operate with a sense of urgency and discipline
In addition, we look for the demonstration of the following key attributes:
- Quality
- Productivity
- Dependability
- Customer Focus
- Adaptability
Hilton is the leading global hospitality company, spanning the lodging sector from luxurious full-service hotels and resorts to extended-stay suites and mid-priced hotels. For nearly a century, Hilton has offered business and leisure travelers the finest in accommodations, service, amenities and value. Hilton is dedicated to continuing its tradition of providing exceptional guest experiences across its global brands. Our vision to fill the earth with the light and warmth of hospitality unites us as a team to create remarkable hospitality experiences around the world every day. And, our amazing Team Members are at the heart of it all!


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In today's session Radware Ltd. (RDWR) recorded an unusually high (1,500) contracts volume of put trades. Someone, most probably a professional was a very active buyer of the December, 2016 put, expecting serious RDWR decrease. With 1,500 contracts traded and 15634 open interest for the Dec, 16 contract, it seems this is a quite bearish bet. The option with symbol: RDWR161216P00014000 closed last at: $1.1 or 0% . About 26,804 shares traded hands. Radware Ltd. (NASDAQ:RDWR) has risen 12.38% since March 3, 2016 and is uptrending. It has outperformed by 4.04% the S&P500.
Analysts await Radware Ltd. (NASDAQ:RDWR) to report earnings on October, 26. They expect $0.03 EPS, down 40.00% or $0.02 from last year's $0.05 per share. RDWR's profit will be $1.31 million for 110.92 P/E if the $0.03 EPS becomes a reality.
Radware Ltd. (NASDAQ:RDWR) Ratings Coverage
Out of 8 analysts covering Radware (NASDAQ:RDWR), 5 rate it a "Buy", 0 "Sell", while 3 "Hold". This means 63% are positive. $25 is the highest target while $15 is the lowest. The $17.29 average target is 29.90% above today's ($13.31) stock price. Radware has been the topic of 15 analyst reports since July 29, 2015 according to StockzIntelligence Inc. Imperial Capital maintained Radware Ltd. (NASDAQ:RDWR) rating on Monday, February 8. Imperial Capital has "Outperform" rating and $15 price target. The firm has "Sector Perform" rating given on Monday, November 2 by RBC Capital Markets. The firm has "Market Perform" rating given on Tuesday, October 6 by Wells Fargo. The rating was maintained by Imperial Capital with "Outperform" on Thursday, October 8. The firm has "Buy" rating given on Thursday, February 4 by Needham. On Wednesday, July 29 the stock rating was downgraded by RBC Capital Markets to "Sector Perform". The stock of Radware Ltd. (NASDAQ:RDWR) earned "Perform" rating by Oppenheimer on Tuesday, October 6. The stock of Radware Ltd. (NASDAQ:RDWR) has "Buy" rating given on Wednesday, October 7 by Dougherty & Company. The firm has "Outperform" rating given on Wednesday, July 29 by Imperial Capital. Needham maintained the stock with "Buy" rating in Wednesday, October 7 report.
According to Zacks Investment Research, "Radware Ltd. develops, manufactures and markets products that manage and direct Internet traffic among network resources to enable continuous access to Web sites and other services, applications and content based on Internet protocol. Radware offers a broad range of Internet traffic management solutions to service providers, e-commerce businesses and corporate enterprises that require uninterrupted availability and optimal performance of IP-based applications that are critical to their business. (PRESS RELEASE)"
Radware Ltd. is a provider of cyber security and application delivery solutions. The company has a market cap of $580.14 million. The Company's solutions incorporate Distributed Denial of Service protection, Web application firewall and Application Delivery Controllers (ADC) technologies to enable its clients to provide cyber-attack mitigation solutions for a range of applications. It has a 820.09 P/E ratio. The Company's products and activities are focused on protecting against cyber-attacks and ensuring optimal application service level for enterprises' and carriers' data centers.
RDWR Company Profile
Radware Ltd., incorporated on May 16, 1996, is a well-known provider of cyber security and application delivery solutions. The Company's solutions incorporate Distributed Denial of Service (DDoS) protection, Web application firewall (WAF) and Application Delivery Controllers (ADC) technologies to enable its clients to provide cyber-attack mitigation solutions for a range of applications. The Company's products and activities are focused on protecting against cyber-attacks and ensuring optimal application service level for enterprises' and carriers' data centers. The Company's solutions include application and network security, and application delivery. By protecting enterprises and carrier applications and data centers against known and emerging network and application threats in real-time, its layered approach is designed to help organizations mitigate attacks that can be detected and offer a security solution and service that combines a complete set of detection and mitigation tools and services from a single vendor.
More news for Radware Ltd. (NASDAQ:RDWR) were recently published by: Fool.com, which released: "Why Shares of Radware Ltd. Slumped More Than 20% on Tuesday" on October 06, 2015. Bloomberg.com's article titled: "Radware Looking for Acquisitions With $300 Million Cash Pile" and published on July 16, 2015 is yet another important article.
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subset: commoncrawl


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Onion Bull Terrier Dog Table Lamp
Onion dog is not your typical lamp that you would find in most homes. He's a pet like no other, he lights up every time he sees you with just a flick of a switch. Designed to look like a bull terrier, this table lamp is a must have for any dog lover out there.
Made from rotational moulded polypropylene, the lamp is highly durable and resilient and easy to wipe clean. Onion gives it a soft and warm light whilst never getting hot.
If you are looking for a light for any room in the house - whether its an entry hall, playroom, bedroom or conservatory and you love mans best friend, then this is the lamp for you. Guaranteed to be talked about by all who see it.
Available in white or illuminous pink.
Dimensions: Height 32cm
Max Wattage 15
Bulb E14Estimated Delivery Time: 1-2 Working Days;
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'Tomorrowland' Trailer: Journey Into Disney's New Sci-Fi Adventure
Hot on the heels of yesterday's first look comes the first 'Tomorrowland' trailer, which promises to shed more light on one of the most mysterious summer blockbusters in ages. And it does! Sort of. This is the very definition of a teaser trailer.
'Ted 2′ Fires Stephen Collins Following Child Abuse Allegations
Stephen Collins has been fired from director Seth MacFarlane's 'Ted 2' today after a recording of the actor admitting to child molestation made its way online. This horrifying news is compounded by the fact that Collins is best known for playing the loving Rev. Eric Camden on the beloved family drama '7th Heaven' for 11 seasons.
White Girls Be Trippin: A Supercut of Girls Falling in Horror Movies
No genre inspires as many cliches, both beloved and hated, as horror. Put on any random slasher movie while a horror buff is in the room and chances are strong that he'll be able to map out every moment, and every poor decision on the part of the main characters, a half hour in advance. However, that horror buff will also tell you that the predictability of it all can be a lot of fun.
'SNL' Gets Gleefully Offensive and Celebrates White People
The latest episode of 'SNL' featured Sarah Silverman as the host and it looks like their raunchy guest encouraged the rest of the crew to crawl out on a few limbs. Would the writers have created a fake commercial celebrating the slowly dying power of white people if the world's most offensive female comedian wasn't on hand? Who knows!
Weekend Box Office Report: 'The Equalizer' Triumphs While 'The Boxtrolls' Underperforms
When you put Denzel Washington in an action movie, you've written your meal ticket for the foreseeable future. Few actors are as consistent as Washington with their opening weekends, even when the project looks like something everyone has seen countless times before...
'SNL': Chris Pratt and Aidy Bryant Share a "Booty Rap"
If you went to some kind of comedy university, there would probably be an entire class available on the subject of how awkward white people rapping is inherently pretty funny but difficult to pull off without feeling too hacky. Whether or not 'SNL' pulled it off with last night's "Booty Rap" sketch is something we'll let you decide, but at least guest host Chris Pratt and the always reliable Aidy Bryant attack their material with gusto.
'SNL' Creates a Very Special Episode of Your Favorite '90s Sitcom
As is often the case, the weirdest sketch from last night's 'SNL' season premiere was easily the funniest in the entire show. The latest in Beck Bennett and Kyle Mooney's series of truly strange sketches and shorts, the scene is an exacting parody of lousy '90s television that sidesteps all obvious jokes in favor of making fun of a very specific kind of TV show.
'SNL' and Chris Pratt Tackle the NFL's Recent Problems and Scores a Comedy Touchdown
You don't have to be a sports fan to know that the NFL has come under fire in recent weeks for how it has handled (or failed to handle) its players committing all kinds of heinous crimes. Although this is a very serious matter that has football fans deeply troubled and concerned about the future of their favorite sport, it's certainly not above satire, which is where 'SNL' comes in.
Weekend Box Office Report: 'The Maze Runner' Outpaces Liam Neeson's 'A Walk Among the Tombstones'
Young adult movies are big business. 'The Maze Runner' took over the box office this weekend, proving that the audience for films were young people in science fiction dystopias are forced into violent and terrible predicaments extends beyond the 'Hunger Games' franchise.
An Insane New 4D Batman Roller Coaster is Heading to Six Flags
With Warner Bros. doubling down on 'Batman vs. Superman' and 'Justice League' in the next few years, it makes perfect sense that Six Flags parks would take advantage of the situation and start building new rides named after these iconic characters. And that brings us to Batman: The Ride, which will be opening in San Antonio's Six Flags: Fiesta Texas next year. In short: it looks insane.
'Rosewater' Trailer: Jon Stewart's Directorial Debut Is Not What You'd Expect
Our first look at Jon Stewart's directorial debut has arrived in the 'Rosewater' trailer, showcasing a side of this funnyman we've never seen before. After years of making us laugh and sigh as the host of 'The Daily Show,' the beloved comedian has stepped behind the camera with a film that doesn't look like it has a single laugh in its entire running time, but it looks harrowing and fascinating all the same.
Robert Downey Jr. Says 'Guardians of the Galaxy' is the Best Marvel Movie Yet
Marvel Studios and the character of Tony Stark/Iron Man transformed Robert Downey Jr. from a has-been into one of the biggest movie stars on the planet, so it's not surprising that he'll sing their praises outside the context of the movies he stars in. However, he recently took it a big step further, declaring 'Guardians of the Galaxy' to be the best Marvel movie yet. Yep, even the ones that he's not in.


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Hello, my name is Micah! I was found as a stray in the country with my sister Jemma. I am a teenager female Shepard mix. I get along with or without other dogs as long as they are not vying for my human's attention and love hanging out with my humans a lot. I don't like cats or chickens. I am looking for an active home or a family where someone is home with other dogs and children that I can hang out with all day. I need a home that has German Shepard experience, as i have the personality traits of a German Shepard (separation anxiety, bond with my humans, love my humans and demand your attention). The vets think I am between 10 months and 14 months. I do have moments of medium to high energy. I love to please you and picking up obediance commands. I am learning to walk on a leash. I do ride well in back seat of a car.
This is a courtesay post for the Helotes Humane Society. For information on how to adopt me, please contact my foster parents at email@example.com. L&S Dog Diggity Rescue is headquartered in San Antonio, Texas, where there are over 350,000 homeless pets. We save homeless and abandoned dogs and find them loving forever homes in other areas, where pet homelessness is not epidemic. All of our pets are located here, in San Antonio, and we partner with Paws Without Borders and other rescues to provide transportation for our pets to their new homes. Our adoption fee includes vet care (vaccinations, spay/neuter, microchipping, etc), as well as transportation and health certificate. Please contact us to ask about our adoption process and our adoption fees. You can contact us directly at email@example.com, visit our website at www.dogdiggityrescue.com.
Thank You!
Your message has been sent to L&S Dog Diggity - WA Chapter.
You'll receive a copy, too, at to help you keep track of which pets you've inquired about, and which shelters and rescues you've emailed.
NOTE: Some shelters have physical locations you can visit; some of these shelters may only have pets for a limited time, so please do not wait for a reply—just go visit the shelter! Other organizations are rescue groups run by busy volunteers who may take a while to reply. You can find information about the shelter or rescue group caring for this pet, and their adoption procedures, on the pet's details page on Adopt-a-Pet.com.


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This is your resource to discuss support topics with your peers, and learn from each other.
I am trying to combine the camera API with openGL ( so I can generate overlays and such on the camera images in native ), and am encountering some issues, hopefully someone here can help me with resolving them.
I am using the new NDK 2.1.0 beta for the playbook, and am initializing opengl and egl through the generic bbutil functions supplied in the examples. After this, I initialize the camera library, set up an appropriate photo viewfinder, and issue the command to take a picture. This all works fine without any troubles.
I then use the image_callback of camera_take_photo() to do some extra analysis on the picture taken, extract the image data from it, all still working fine, up untill the point where I am trying to generate a texture from the data.
I have a global GLuint variable named tex --- just as in the examples, for simplicity --- and I am calling glGenTextures(1,&tex) in the callback function, resulting in a segfault for me. It does not matter whether I am using a GLuint * tex, with the appropriate variable adaptations, and it does not work when I pass the GLuint as the final parameter of the callback function.
Does anybody already has some experience on the callback functions of the camera API, or does anybody know wheter opengl is still fully initialized when the callback functions execute? The debugger function shows a lot of threads, but I am not skilled enough in BB programming yet to know that this is what is going wrong.
Any type of help would be appreciated,
Solved! Go to Solution.
Okay, so apparently, after a lot more of trial-and-error based exploration, it turns out that openGL is indeed not initialized during the execution of the callback functions.
Just thought I should let people here know, to maybe save them the headaches.
The callback functions are just pthreads, so if OpenGL is not cross-thread capable, then this would be a problem.
There is an event-based API rolling out shortly which would allow you to catch the callback events in your main event loop instead of using the threaded callbacks. It is not yet integrated with bps, but it should at least simplify the task of doing the processing on your main thread.


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March 9, 2010
DENNIS M. MUSE, PLAINTIFF,v.UNITED STATES DEPARTMENT OF EDUCATION, DEFENDANT.
Pro Se Plaintiff, Dennis M. Muse, instituted the present action by filing a complaint in civil action against Defendant, United States Department of Education ("Department of Education") on February 18, 2009 (Doc. No. 1-1). The complaint alleges that beginning in June 2008, the Department of Education employed a collection agency to recover student loans made to Plaintiff between 1982-1983 which Plaintiff contends were discharged by a bankruptcy court on October 27, 1987. (Doc. No. 1-1, 2). Plaintiff alleges that the Department of Education's attempts to recover the loan principal and interest violates due process and ex post facto provisions of the Constitution, constitutes harassment and stalking in violation of Title 60, and constitutes intentional infliction of emotion distress. (Doc. No. 1-1, 4).
Before this Court is Defendant's Motion to Dismiss, or in the Alternative, Motion for Summary Judgment (Doc. No. 17). Defendant argues that this Court lacks subject matter jurisdiction as Plaintiff fails to identify any statutory authority that would waive the Department of Education's sovereign immunity and that Plaintiff has failed to exhaust administrative remedies required under the tort and disability discharge regulations. Defendant argues any other claims should be dismissed for failure to state a claim upon which relief can be granted. Also before this Court is Plaintiff's Motion for Summary Judgment (Doc. No. 20). As ordered in a Text Order on February 18, 2010, Plaintiff's Motion for Summary Judgment (Doc. No. 20) and Notice of Possible Bases for jurisdiction (Doc. No. 19) are also deemed to constitute Plaintiff's response to Defendant's Motion to Dismiss. (Doc. No. 17).
For the following reasons, this Court will GRANT Defendant's Motion to Dismiss (Doc. No. 17) and will DENY Plaintiff's Motion for Summary Judgment (Doc. No. 20).
A. Motion to Dismiss For Lack of Subject Matter Jurisdiction
A Motion to Dismiss under Rule 12(b)(1) challenges a Federal court's subject matter jurisdiction. Fed. R.Civ.P. 12(b)(1). A defendant may move to dismiss under Rule 12(b)(1) if the complaint does not allege sufficient grounds to establish subject matter jurisdiction on its face or by factually contesting the plaintiff's allegations that subject matter jurisdiction exists. Turicentro, S.A. v. American Airlines Inc., 3030 F.3d 293, 300 n. 4 (3d Cir. 2002).
The party asserting the existence of federal jurisdiction has the burden of proving that such jurisdiction exists in order to survive a motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(1). Int'l Ass'n of Machinists & Aerospace Workers v. Northwest Airlines, 673 F.2d 700, 711 n.16 (3d Cir. 1982); Shepherdson v. Local Union No. 401, 823 F. Supp. 1245, 1248 (E.D. Pa. 1993). A court need not limit its inquiry to facts pled in the complaint, but "may inquire by affidavits or otherwise, into the facts as they exist." Land v. Dollar, 330 U.S. 731, 735 n.4 (1947).
B. Motion to Dismiss For Failure to State a Claim
In light of the Supreme Court's decision in Bell Atlantic Corp. v. Twombly, 550 U.S.544 (2007), a complaint may be dismissed pursuant to Federal Rule of Civil Procedure 12(b)(6) if it does not allege "enough facts to state a claim to relief that is plausible on its face." Phillips v. County of Allegheny, 515 F.3d 224, 234 (3d Cir. 2008)(quoting Twombly, 550 U.S. at 570). While Conley v. Gibson, 355 U.S. 41, 45-46 (1957), allowed dismissal of a claim only if "no set of facts" could support it, under Twombly, and most recently, Ashcroft v. Iqbal, 129 S.Ct. 1937, 2009 WL 1361536 (May 18, 2009), a claim for relief under Rule 12(b)(6) now "requires more than labels and conclusions" or "a formulaic recitation of the elements of a cause of action." Twombly, 550 U.S. at 555; Iqbal, 129 S.Ct. at 1950.
In Iqbal, the Supreme Court held that a claim is facially plausible when its factual content allows the court to draw a reasonable inference that the defendants are liable for the misconduct alleged. Marangos v. Swett, 2009 WL 1803264, *2 (3d Cir. 2009), citing Iqbal, 129 S.Ct. 1937, 2009 WL 1361536, *12. The plausibility standard in Iqbal "asks for more than a sheer possibility that a defendant has acted unlawfully." Swett, quoting Iqbal. While well-pleaded factual content is accepted as true for purposes of whether the complaint states a plausible claim for relief, legal conclusions couched as factual allegations or "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements," are not entitled to an assumption of truth. Swett, quoting Iqbal, at *13. "Where the well-pleaded facts do not permit the court to infer more than a mere possibility of misconduct, the complaint has alleged - but it has not 'show[n]' - 'that the pleader is entitled to relief.'" Iqbal, quoting Fed. R. Civ. P. 8(a)(2).
In considering a Rule 12(b)(6) motion, a court accepts all of the plaintiff's allegations as true and construes all inferences in the light most favorable to the non-moving party. Umland v. Planco Fin. Servs., 542 F.3d 59, 64 (3d Cir. 2008)(citing Buck v. Hampton Twp. Sch. Dist., 452 F.3d 256, 260 (3d Cir. 2006)). However, a court will not accept bald assertions, unwarranted inferences, or sweeping legal conclusions cast in the form of factual allegations. See In re Rockefeller Ctr. Props., Inc. Sec. Litig., 311 F.3d 198, 215 (3d Cir. 2002); Morse v. Lower Merion Sch. Dist., 132 F.3d 902, 906 n. 8 (3d Cir. 1997). A court is not required to consider legal conclusions; rather, it should determine whether the plaintiff should be permitted to offer evidence in support of the allegations. Maio v. Aetna, 221 F.3d 472, 482 (3d Cir. 2000). The failure-to-state-a-claim standard of Rule 12(b)(6) seeks to promote judicial economy by eliminating unwarranted discovery and factfinding. United States ex. rel. Repko v. Guthrie Clinic, P.C., 557 F.Supp.2d 522, 525 (M.D. Pa. 2008). Therefore, a plaintiff must put forth sufficient facts that, when taken as true, suggest the required elements of a particular legal theory. See Wilkerson v. New Media Tech. Charter Sch., Inc., 522 F.3d 315 (3d Cir. 2008) (citing Phillips, 515 F.3d at 224). Generally, this does not impose a heightened burden on the claimant above that already required by Rule 8, but instead calls for fair notice of the factual basis of a claim while "rais[ing] a reasonable expectation that discovery will reveal evidence of the necessary element." Weaver v. UPMC, Civil Action No. 08-411, 2008 U.S. Dist. LEXIS 57988, at * 7 (W.D. Pa. July 30, 2008)(citing Phillips, 515 F.3d at 234; and Twombly, 550 U.S.. at 555).
C. Motion for Summary Judgment
Fed.R.Civ.P. 56(c) provides that on a motion for summary judgment, the "judgment sought should be rendered if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law." "Rule 56 of the Federal Rules of Civil Procedure 'mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial.'" Marten v. Godwin, 499 F.3d 290, 295 (3d Cir. 2007), citing Celotex Corp. v. Catrett, 477 U.S. 317, 322-23 (1986). Summary judgment is appropriate "if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law." Woodside v. Sch. Dist. of Philadelphia Bd. of Educ., 248 F.3d 129, 130 (3d Cir. 2001), quoting Foehl v. United States, 238 F.3d 474, 477 (3d Cir. 2001) (citations omitted).
An issue of material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the non-moving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986); see also Doe v. Abington Friends Sch., 480 F.3d 252, 256 (3d Cir. 2007) ("A genuine issue is present when a reasonable trier of fact, viewing all of the record evidence, could rationally find in favor of the non-moving party in light of his burden of proof."), citing Anderson and Celotex Corp. Recently, the United States Supreme Court "emphasized, [w]hen the moving party has carried its burden under Rule 56(c), its opponent must do more than simply show that there is some metaphysical doubt as to the material facts . . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no genuine issue for trial." Scott v. Harris, 550 U.S. 372 (2007) (internal quotations omitted), quoting Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586-587 (1986).
In deciding a summary judgment motion, a court must view the facts in the light most favorable to, draw all reasonable inferences, and resolve all doubts, in favor of the nonmoving party. Doe v. County of Centre, PA, 242 F.3d 437, 446 (3d Cir. 2001); Woodside, 248 F.3d at 130; Heller v. Shaw Indus., Inc., 167 F.3d 146, 151 (3d Cir. 1999). Further, a court must not engage in credibility determinations at the summary judgment stage. Simpson v. Kay Jewelers, Div. of Sterling, Inc., 142 F.3d 639, 643 n. 3 (3d Cir. 1998), quoting Fuentes v. Perskie, 32 F.3d 759, 762 n.1 (3d Cir. 1994).
A. Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction
Plaintiff has failed to discharge his burden of affirmatively alleging facts providing this Court's jurisdiction. McNutt v. General Motors Acceptance Corp., 298 U.S. 178 (1936). Rule 8(a)(1) requires that pleadings setting forth a claim for relief provide, "a short plain statement of the grounds upon which the court's jurisdiction depends. . . ." Fed.R.Civ.P. 8(a)(1). Plaintiff's complaint (Doc. No. 1-1) fails to affirmatively allege any facts to support appropriate subject matter jurisdiction in this Court.
Plaintiff has also failed to assert any basis this Court should waive the Department of Education's sovereign immunity under 20 U.S.C. §3411. "Absent a waiver, sovereign immunity shields the Federal government and its agencies from suit." FDIC v. Meyer, 510 U.S. 471, 475 (1994). Plaintiff has failed to address the Department of Education's sovereign immunity or to allege any such waiver.
Due to Plaintiff's failure to affirmatively allege facts providing this Court with jurisdiction or to assert a basis for the Department of Education's waiver of sovereign immunity, under Rule 12(b)(1) it is appropriate for this Court to Dismiss Plaintiff's claims against Defendant for lack of subject matter jurisdiction.
B. Plaintiff's Tort and Disability Discharge Claims Fail as Plaintiff Did Not Comply With Required Administrative Remedies
Any tort claim against the United States should be brought under the Federal Tort Claim Act which creates a limited waiver of sovereign immunity "for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment." 28 U.S.C. §1346(b). The statute requires a claimant to file an administrative claim with the relevant agency which must deny the claim in writing before claimant commences suit. 28 U.S.C. §2675(a). "This requirement is jurisdictional and cannot be waived." McNiff v. Asset Mgmt. Specialists, Inc., 337 F.Supp. 2d 685, 692 (E.D.Pa. 2004).
Plaintiff failed to file an administrative claim with the Department of Education prior to commencing the present action. (Doc. No. 17, Exhibit 3). Plaintiff has also failed to exhaust remedies required to claim a discharge of student loans based on total and permanent disability which furthermore does not provide Plaintiff with a private right of action. U.S.C. §§ 1987(a). As Plaintiff did not exhaust required administrative remedies with the Department of Education, this Court lacks subject matter over any tort and disability claim against Defendant.
C. Plaintiff Has Failed to State a Claim Upon Which Relief Can be Granted*fn1
Plaintiff's remaining claims that the Department of Education's actions violated his civil rights, the ex post facto clause of the Constitution and Title 60 provisions are not supported by any specific allegations.*fn2 Accordingly, these remaining claims are properly dismissed under Rule 12(b)(6) for failure to state a claim upon which relief can be granted.
D. Plaintiff's Motion for Summary Judgment Fails to Show That There is No Genuine Issue of Material Fact
As noted, Plaintiff's Motion for Summary Judgment (Doc. No. 20) constitutes Plaintiff's response to Defendant's Motion to Dismiss. (Doc. No. 17). Therefore, it is not necessary to address Plaintiff's Motion other than to note that it fails to demonstrate that there is no genuine issue of material fact and that Plaintiff is entitled to a judgment as a matter of law. Fed.R.Civ.P. 56(c).
For the foregoing reasons, Defendant's Motion to Dismiss (Doc. No. 17) will be GRANTED. Plaintiff's Motion for Summary Judgment (Doc. No. 20) will be DENIED. Plaintiff will not be granted leave to file an amended complaint because amendment in this case will be futile. See Shane v. Fauver, 213 F.3d 113, 116 (3d Cir. 2000)(noting that futility is a ground for denying leave to amend a complaint).
An appropriate order follows.
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Knowing, Not-Knowing and Sort-of-Knowing: Psychoanalysis and the Experience of Uncertainty
Knowing, Not-Knowing and Sort-of-Knowing: Psychoanalysis and the Experience of Uncertainty by Jean Petrucelli
2010 | ISBN: 1855756579 | English | 420 pages | EPUB | 0.9 MB
2010 | ISBN: 1855756579 | English | 420 pages | EPUB | 0.9 MB
Knowing, Not-Knowing and Sort-of-Knowing: Psychoanalysis and the Experience of Uncertainty is a contemporary, wide-ranging exploration of one of the most provocative topics currently under psychoanalytic investigation: the relationship of dissociation to varieties of knowing and unknowing. As editor Jean Petrucelli writes in her introductory overview of the anthology, "Although dissociation theory has existed side by side with the concept of repression in the history of psychoanalytic thought, for many years it was less examined, treated as if it belonged only to trauma theory." Today, however, through the influence of relational models of psychoanalysis, spearheaded by Bromberg's self-state theory, dissociation is becoming more widely appreciated as a central psychic mechanism pervading both normal and pathological functioning. This anthology is certain to contribute further to our appreciation of its importance.
The twenty-eight essays collected here invite readers to reflect upon the ways the mind is structured around and through knowing, not-knowing, and sort-of-knowing or uncertainty. The authors explore the ramifications of being up against the limits of what they can know as through their clinical practice and theoretical considerations, they simultaneously attempt to open up psychic and physical experience. How, they ask, do we tolerate ambiguity and blind spots as we try to know? And how do we make all of this useful to our patients and ourselves?
The authors approach these and similar epistemological questions through an impressively wide variety of clinical dilemmas (e.g., the impact of new technologies upon the analytic dyad) and theoretical specialties (e.g., neurobiology). Some of the numerous issues under examination here include important and, in some instances, under-theorized topics in psychoanalysis such as uncanny communication as the next frontier of intersubjectivity, secrets, criminal violence, the relationship of the body to knowing, disclosure of the analyst's joy, dissociative identity disorder, pornography and sex workers.
Contributing Authors: Edgar A. Levenson, Philip M. Bromberg, Arnold H. Modell, Abby Stein, Sheldon Itzkowitz, Elizabeth Howell, Elizabeth Hegeman, Peter Lessem, Jean Petrucelli, Mark J. Blechner, Adam Phillips, Allan N. Schore, Wilma S. Bucci, James L. Fosshage, Richard Chefetz, Sandra G. Herschberg, Jessica Zucker, Katie Gentile, Janet Tintner, Jill Bressler, Barry Cohen, Caryn Gorden, Susan Klebanoff, Joseph Canarelli, Rachel Newcombe, Karen Weisbard, and Sandra Buechler.


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EAST END - A toxic algae has been found in some East End waterways.
The algae, which is poisonous to humans and pets, has been found in Lake Agawam in Southampton and in Mill Pond.
Last year, a Jack Russell Terrier that drank water contaminated by the algae in East Hampton died.


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You will find the full description and sometimes the pictures of the item much farther down the page, in BOLD.
• Terms and Info: ASK QUESTIONS Before you Bid. BE SURE TO VIEW all PICTURES. Refunds granted only when there is a GROSS error in my description. You must respond within 14 days of receiving item and be ready to ship it back at that time, on that day. Buyer pays return shipping with delivery confirmation and insurance, if it was shipped to you with insurance. Items are Sold, AS FOUND, AS IS, Pre-Owned, Used, possibly from home with pets and possibly out of smoking environment. I do not even like cleaning them up, I am afraid that I may do it wrong.
High Bidder pays through PayPal, in US funds. New York Residents MUST add 8.00% sales tax or supply Copy of your State Tax Exempt number FORM with payment.
FYI: We have some Great Deals for You. Items Purchased from Estate Sales, Yard Sales, Flea Markets, Auctions and sometimes found in purchasing the contents of a whole house. I'm the Ultimate Recycler, I try to find a Home for everything I purchased or clean out, from Estate's Homes. I hate to throw history away, it all has a Story, Character, Charm and could be wroth restoring. I start them low at auction with no reserves, but once it rolls into the shop, you are going to have to Make an Offer at a higher price. You can save on gas, shop at home and have it shipped to your door. And where else, can you get more than a one liner for a description. I want to tell you every thing I see, so it feels like your looking it over. Possibly more photos than you care to look at. Some, even being a puzzle, you might have to figure it out.
I try my best to get info correct, but sometimes I need help and welcome information from other eBayer. If you have info to share, Please do and I'll pass it along here.
Please view all pictures, to see more about condition. Color may vary a bit in my pictures, due to lighting, reflection and shadows. Colors, if any, looks much better in person.
Any information, Questions or Request are always Welcomed. Please wait for invoice before paying. I do offer USPS; Priority, Parcel Post, First Class & Media shipping. Check rates and options for this item on auction site under "Other Services" in top center of page.
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Antique French Opaline Paw Foot Cachepot. Beautiful Black Glass with Gilt Swags of Chain Draped Around the Cachepot and at Each Corner a Chain and a Gilt Tassel. Cachepot has Heavy Dore' Bronze Mounts. A Masterpiece from My Treasure Vault.
CIRCA: Late 19th Century
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SIZE: 7" Square x 7' H ~ Weighs Over 9 Pounds
CONDITION: Excellent Antique Condition…Light Discoloration on Mounts
6 other shoppers have this item in their Cart or Wish List .
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Welcome to Gotham Radio Theatre!
We will be returning to the beautiful Bruno Walter Auditorium located in the Lincoln Center Library in December with Auntie Mame! Saturday December 3rd 1:30pm and 4:00pm and Monday December 5th at 6:00pm. Mark your calendar's now and don't miss this classic show!
The Adventures of Ellery Queen!
Gotham Radio Theatre Brings Back a Unique Theatre Experience
Cast of Blithe Spirit
Inspired by the Lux Radio Theatre of the 1930's and 40's, Gotham Radio Theatre brings you the experience of actors performing in vintage radio style! Masterpiece plays and screenplays are performed live, by an ensemble of actors and sound performers as if you were in a radio sound stage. You can experience these classic shows in a new format, where you 'hear' the shows as never before. Much like the radio hour serials of a bygone era, these classic theatre comedies, dramas and screenplays are performed in little more than 60 minutes, with live sound, music and actors playing multiple roles.
Above photo from 'Blithe Spirit' by Noel Coward in March of 2012. From left to right: Laura Leopard, Victor Barbella, Michael Iannucci and Valerie Gilbert.
Claxton, Charles and Lillian At Work! See More Photos HERE.


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Would you like to save as your currency permanently or for this visit only?
Located in Weston-super-Mare, Sarnia Guest House - Adults Only is convenient to The Grand Pier and Weston-super-Mare Town Hall. This guesthouse is within the region of International Helicopter Museum and Clevedon Court. Stay in one of 6 guestrooms featuring flat-screen televisions. Complimentary wireless Internet access keeps you connected, and cable programming is available for your entertainment. Bathrooms have showers and complimentary toiletries. Conveniences include desks and coffee/tea makers, and housekeeping is provided daily. A complimentary full breakfast is served daily. Featured amenities include express check-out and luggage storage.


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Places to Visit Near Hajipur
220 Kms from Hajipur
I liked the Patan Durban Square cultural heritage.
Places to Visit · Getaways · Trips · Reviews
227 Kms from Hajipur
A quick getaway from Kathmandu. Beautiful rolling hills and paddy fields, away from the city noises.
226 Kms from Hajipur
Kathmandu is a city stuck in a time warp, it is a city with a mind of its own and an impenetrable one at that. With its medieval temples, ethnic groups, convoluted lanes, noisy bazaars and an overwhelming number of hotels, this place is several things at once. Travellers just can't get enough of the intoxicating cocktail that is Kathmandu and the locals are well aware of this fact. It is timeless and often akin to an exotic fairytale and a visit is therefore imperative.
222 Kms from Hajipur
The well preserved ancient Newar town, known for its artistic excellence, splendid courtyard and palaces, pottery and weaving industries and rich customs and culture, is a 'living heritage' in itself. The literal translation of 'Bhaktapur' i.e. "place of devotees" is well justified by its magnificent temples, artwork, festivals and religious celebrations. It was enlisted as UNESCO World Heritage Site in 1979. The place is like an open air museum, best for aimless wandering and exploration. The 'culture gem' of Nepal, Bhaktapur is extremely picturesque and inspiring. So simply put on your best walking shoes and get ready to have a good peek into the famous Newar culture and tradition.
226 Kms from Hajipur
Best time to visit - N/
One of the most colourful and indiscreet cities of India, Varanasi is one of the seven holiest cities for the Hindus. Also known as Kashi and Benaras, this place is known for its temples, ghats and the colourful people. The narrow alleys and crowded streets seem to be extremely blissful in spite of all the noise and chaos all around. People come here just to take a dip in the holy waters of the Ganges. Varanasi is also known as Uttar Kashi and is situated on the western banks of the Ganges. It is said that a dip in this river frees one from a lifetime of sins. People even say that death here is auspicious as people attain moksha if they die here. Some people also come here tp creamate their loved ones and the sound of the holy temple bells are really soothing music to the ears.
217 Kms from Hajipur
222 Kms from Hajipur
The place in Nepal where you will find the most friendliest people of the country! Do not lose an option of chatting with them. They can tell you some real spots where you can find wildlife roaming in its natural habitat.
Places to Visit · Getaways · Trips · Hotels
100 Kms from Hajipur
Bodh Gaya, known worldwide because the founder of Buddhism attained enlightenment here, under the Mahabodhi tree. The place is peaceful and is so positive.
0 Hotels found


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Zutter Cling & Clear Stamp Sheets 3/PkgStorage
3 Cling Sheets + 3 Dividers - View Complete Details
Product Number: NOTM106598
In Stock - Hurry, only 54 left.
Estimated Delivery - 8 business day(s) - Thu 12/15 9 business days - Fri 12/16
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Zutter Cling & Clear Stamp Sheets 3/Pkg - Zutter-Cling & Clear Stamp Sheets. Experience sheets with a front magnetic face that holds both dies and cling on stamps while the back face is suitable for cling on stamps! This package contains three 12-1/4x8-1/2 inch stamp sheets and three 12-1/4x8 inch dividers. Imported.View Product Specs
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BLUE HILLS STUDIO-Storage Cart. This rolling cart is ideal for storing large and small tools, embellishments, punches, stamps, paper and more. The chrome frame and locking swivel casters are sturdy and stylish combined with the multi-colored drawers. Each drawer holds ...
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When you can't find anywhere else to store them the ideal place to keep your all your dome tent poles is your Oztrail Dome Pole Bag.
• Tough and hard wearing 14oz canvas
• Heavy duty webbing handles with a continuous strap around the base makes the bag strong and tough
• All the seams are reinforced stitched and bound
• Sturdy and easy grip #12 zip
• Ample size of 65W x 18D x 15Hcm
I got this to store the pole kit for the Coleman Chalet 9CV tent (#22384). Keeping pegs and poles in separate bags makes the tent bag lighter and also gives you more room to pack the tent.
Excellent value for money. Good carry handles, zips, etc, I purchased this to carry whatever in it, loose gear, clothing, fishing gear, etc, a general carry bag. Cannot beat the price or Snowys.
Looks like it would but could be tight.
G'day Andrew, I've just tried to fit the Chalet 9 CV Pole kit in the Oztrail Canvas Dome Pole Bag, and you're right – it comes up just a little too small. I've checked out the rest of our carry bag range, and the only bag that we have that can fit the Chalet 9 CV pole kit is the Oztrail Action Canvas Chair Bag (40558) but there is definitely some extra space in the length – so you might want to keep that in mind.
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Stock Photo:
SEPANG, MALAYSIA-OCT 21: A pair of unidentified Malaysian models in action during the promotion of Shell Advance at the Malaysian Motorcycle Grand Prix 2011 on October 21, 2011 in Sepang, Malaysia.
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Event Archive - The 18th Annual West Coast Guitar Night: John Gilliat with Rossi Tzonkov, Alexander Flock, Edgar Avelino, Les Finnigan, Hanh Nguyen, Kent Hillman
Sat. November 19th 2016 8 - 10:45 doors at 7:30 @ Vancouver East Cultural Centre (All Ages) 8 - 10:45 doors at 7:30
$29 (plus applicable service charges)
Tickets at: Cultch Box Office
Presented by: String Plunker Records
Acoustic Jazz, Classical, Folk, Brazilian, Flamenco, and more with: Kent Hillman, Hanh Nguyen, Les Finnigan, Edgar Avelino, Alexander Flock, and John Gilliat with Rossi Tzonkov.
Les Finnigan (Solo Acoustic Guitar)
2014 Western Canadian Music Award Nomination - Instrumental Album of the Year. 2007 Canadian Folk Music Award Nomination - Best Instrumentalist - Solo. 2003 Western Canadian Music Award Nomination - Outstanding Instrumental Recording. more info
Videos: West Coast Guitar Night on Shaw TV (2002), Les Finnigan - The Fairlane - Live at the West Coast Guitar Night[Upload Show Photos] // [Add Video]


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Advert Description
One full size grackle bridle, made by auigmom *bit not included*
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Currently a ninja.
I spend my time traveling, musicing and meeting/helping people.
Air-stream + vagabonding
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You have an actual desire to meet in public :)


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Give Me Your Love-
Frank Duval
Lời bài hát Give Me Your Love
Something strange was in the air when I woke up last night.
A special formed light and a far away voice was talking to me:
Give me your love
try to believe in feelings.
Give me your love
try to believe in me.
Give me your love
time has a special value
A moment of love that's eternity.
Give me your love
you'll find a door of glass and light
You'll open it
you'll leave the night
you'll never feel alone.
Give me your love
that's the sign for you to rise
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give me your love.
The woice strange and light faded away when dawn came
And left me behind with these words in the air:
Give me your love
you'll find a door of glass and light
. . .
Frank Duval
Tên thật: Frank Duval
Ngày sinh: 22/11/1940 · Quốc gia: Germany


text:
Thread: Installing SSL
05-17-2004, 09:48 PM #1New Member
- Join Date
- May 2004
- Posts
- 2
Installing SSL
I have a WHM account and I was wondering how can I setup my website so I have secure access throughout my website. If someone experienced could give me a hand that would be great. You can email me or post here.
Thank you
05-17-2004, 09:50 PM #2Web Hosting Master
- Join Date
- May 2003
- Location
- Kirkland, WA
- Posts
- 4,448
You should really ask your host this, that's why you pay them monthly
You would generate a CSR in WHM "Generate a CSR" area. Than purchase a cert using that, than use the information given to you (Cert, Key, CA Bundler) to install the SSL Cert.
It's a very simple process, but one you will probably want to look for a cPanel Demo or the such on.
Try this :
http://www.demologic.com/cpanelfaq/w...rtificate.htmlNick Nelson
Sr. Director & GM, VAS
Demand Media
425.298.2282 [email protected]
05-17-2004, 09:54 PM #3Aspiring Evangelist
- Join Date
- Dec 2003
- Posts
- 377
before that, you need a IP.
05-17-2004, 10:13 PM #4New Member
- Join Date
- May 2004
- Posts
- 2
Never mind, I got it.


text:
Watch Black Book (2010) Free Online
Black Book
IMDB Link:
Rating: 4.6/10 (9 votes)
Director: Adrian PinsentBen Loyd-HolmesRupert Bryan
Writer: Ben Loyd-Holmes
Stars: Ben Loyd-Holmes, Gemma Atkinson, Gil Sutherland, Jo Price
Runtime: N/A
Rated: N/A
Year: 2010
Genre: Action, Thriller
Quality: HD
Language: English
Released: N/A
|Plot: The series opens as a VX poison gas attack is unleashed on the government and a low level MP is forced to step in as acting Prime Minister. As she strives to establish her place, the heads of MI5 & MI6 are pressing her to make a statement to the press. While acting Prime Minister Katherine Williams struggles with them, MI6 Special Operations Director David Johnson has activated his Black Book Operatives to bring those responsible to justice. Will Black Book Operative John Cain find the terrorists before the police and MI5 do? Will John or MI5's agents work out who ordered the attack?


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United States District Court, E.D. California
March 5, 2015
VANCE JACKSON, Plaintiff,v.DAVE DAVEY, et al., defendants.
No. 1) THIRTY-DAY DEADLINE.
BARBARA A. McAULIFFE, Magistrate Judge.
I. Screening Requirement and Standard
Plaintiff Vance Jackson ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff's complaint, filed on September 22, 2014, is currently before the Court for screening.
The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff's complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be granted, or if it seeks monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1), (2); 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, 556 U.S. 662, 678, 129 S.Ct. 1937, 1949 (2009) (citing Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 1964-65 (2007)). While a plaintiff's allegations are taken as true, courts "are not required to indulge unwarranted inferences." Doe I v. Wal-Mart Stores, Inc., 572 F.3d 677, 681 (9th Cir. 2009) (internal quotation marks and citation omitted).
To survive screening, Plaintiff's claims must be facially plausible, which requires sufficient factual detail to allow the Court to reasonably infer that each named defendant is liable for the misconduct alleged. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation marks omitted); Moss v. United States Secret Service, 572 F.3d 962, 969 (9th Cir. 2009). The sheer possibility that a defendant acted unlawfully is not sufficient, and mere consistency with liability falls short of satisfying the plausibility standard. Iqbal, 556 U.S. at 678, 129 S.Ct. at 1949 (quotation marks omitted); Moss, 572 F.3d at 969.
II. Plaintiff's Allegations
Plaintiff is currently housed at the Correctional Training Facility in Soledad, California. The events in the complaint are alleged to have occurred at Corcoran State Prison. Plaintiff names the following defendants: (1) Dave Davey, Warden; (2) Marshall Fechner, Correctional Plant Manager II; and (3) K. J. Allen, Appeals Examiner, Office of Appeals.
Plaintiff alleges that Defendant Fechner submitted false testimony regarding ceiling pipes, ductwork clean up and air ventilation being completed during an interview with the Appeal Examiner on January 16, 2014, which resulted in Plaintiff's grievance being denied. Plaintiff contends that Defendant Davey acted with deliberate indifference to prison conditions that exposed Plaintiff to a dorm contaminated with hazardous material, which occurred on September 27, 2014, when Plaintiff was housed at Corcoran State Prison MSF. Plaintiff alleges that the dorm condition could be seen throughout the dorm. For over 20 months, Plaintiff was forced to sleep in an environment and inhale material that deteriorated his health to the point of requiring a physician to issue steroids. Plaintiff attempted to submit numerous requests for interview forms to the Plant Operations Supervisor and health care service forms to medical regarding inappropriate living conditions and air ventilation issues to no avail.
On June 6, 2013, Plaintiff filed a grievance that was granted in part at the first level on August 19, 2013. On September 4, 2013, an on-site inspection was performed by CDCR officials, which confirmed existence of debris, dust and dirt piled up throughout the dorm. It was recommended that a cleaning protocol be implemented, but no test samples were taken.
On October 4, 2013, the Chief Deputy Warden partially granted Plaintiff's appeal at the second level and ordered clean-up of the dorm to begin on November 5, 2013. Shortly after, a Plant Operations Employee arrived and attempted to perform a clean-up of the dorm without success. The clean-up was discontinued by the Second Watch Facility Sergeant based on particles becoming airborne and affecting the remaining occupants, including Plaintiff who had not been evacuated by custody personnel. The Plant Operations Employee left and did not return to perform any additional clean-up.
Plaintiff resubmitted a grievance to the third level. The grievance was denied by Appeal Examiner K. J. Allen based on perjury committed by the Correctional Plant Manager II Marshal Fechner on January 16, 2014, regarding completion of the clean-up detail. Plaintiff alleges that the Appeals Examiner failed to conduct a thorough investigation, such as an on-site inspection, which would have revealed that the work detail was never completed. Plaintiff claims he was denied the right to a fair hearing by prison officials.
Plaintiff seeks injunctive relief, along with compensatory and punitive damages.
III. Discussion
A. Eighth Amendment - Deliberate Indifference
The Eighth Amendment's prohibition against cruel and unusual punishment protects prisoners from inhumane conditions of confinement. Morgan v. Morgensen, 465 F.3d 1041, 1045 (9th Cir. 2006). Prison officials therefore have a "duty to ensure that prisoners are provided adequate shelter, food, clothing, sanitation, medical care, and personal safety." Johnson v. Lewis, 217 F.3d 726, 731 (9th Cir. 2000) (citations omitted)
In order to establish a violation of this duty, a prisoner must show that he was subjected to an objectively serious deprivation that amounts to a denial of "the minimal civilized measure of life's necessities." Farmer v. Brennan, 511 U.S. 825, 834, 114 S.Ct. 1970, 128 L.Ed.2d 811 (1994) (quoting Rhodes v. Chapman, 452 U.S. 337, 346, 101 S.Ct. 2392, 69 L.Ed.2d 59 (1981)). A prisoner must also show that prison officials acted with sufficiently culpable states of mind in failing to satisfy their duties. Farmer, 511 U.S. at 834. Prison officials must have acted with deliberate indifference. Id. A prison official is liable under the Eighth Amendment only if he "knows of and disregards an excessive risk to inmate health or safety; the official must both be aware of facts from which the inference could be drawn that a substantial risk of serious harm exists, and he must also draw the inference." Id. at 837.
Here, Plaintiff alleges that Defendant Davey acted with deliberate indifference to prison conditions that exposed Plaintiff to a dorm contaminated with hazardous material. However, Plaintiff's conclusory allegation does not demonstrate that Defendant Davey had actual knowledge of the conditions in Plaintiff's dorm. As such, Plaintiff fails to demonstrate that Defendant Davey knew of and disregarded an excessive risk of serious harm to Plaintiff.
Additionally, Plaintiff does not include any allegations sufficient to demonstrate that the remaining defendants, Fechner and Allen, were deliberately indifferent to a serious risk of harm to Plaintiff. At best, Plaintiff alleges that Defendant Fechner falsely stated that the clean-up was completed. Plaintiff's conclusory allegation does not demonstrate that Defendant Fechner knew that the clean-up had not been completed. Plaintiff also alleges that Defendant Allen was responsible for reviewing Plaintiff's appeal. As discussed more fully below, Defendant Allen's review of Plaintiff's grievance alone is not sufficient to support a cognizable section 1983 claim.
Plaintiff will be given leave to cure these deficiencies.
B. Grievance Process
Insofar as Plaintiff seeks to impose liability on Defendant Allen based on a review of his grievance, he may not do so. The existence of an inmate appeals process does not create a protected liberty interest upon which Plaintiff may base a claim that he was denied a particular result or that the appeals process was deficient. Ramirez v. Galaza, 334 F.3d 850, 860 (9th Cir. 2003); Mann v. Adams, 855 F.2d 639, 640 (9th Cir. 1988). To state a claim under section 1983, Plaintiff must demonstrate personal involvement in the underlying violation of his rights, Iqbal, 556 U.S. at 677; Jones v. Williams, 297 F.3d 930, 934 (9th Cir. 2002), and liability may not be based merely on Plaintiff's dissatisfaction with the administrative process or a decision on an appeal, Ramirez, 334 F.3d at 860; Mann, 855 F.2d at 640.
C. Injunctive Relief
To the extent Plaintiff seeks injunctive relief regarding his conditions of confinement at Corcoran State Prison, this request is moot. Plaintiff has been transferred to the Correctional Training Facility in Soledad, California. A request for injunctive relief becomes moot if a prisoner is transferred. Andrews v. Cervantes, 493 F.3d 1047, 1053 n. 5 (9th Cir. 2007) (citing Johnson v. Moore, 948 F.2d 517, 510 (9th Cir. 1991) (per curiam). There is no indication that Plaintiff expects to be transferred back to Corcoran State Prison. Darring v. Kincheloe, 783 F.2d 874, 876 (9th Cir. 1996).
IV. Conclusion and Order
Plaintiff's complaint fails to state a cognizable claim. The Court will grant Plaintiff an opportunity to cure the identified deficiencies. Lopez v. Smith, 203 F.3d 1122, 1130 (9th Cir. 2000).
Plaintiff's amended complaint should be brief, Fed.R.Civ.P. 8(a), but it must state what each named defendant did that led to the deprivation of Plaintiff's constitutional rights, Iqbal, 556 U.S. at 678-79, 129 S.Ct. at 1948-49. Although accepted as true, the "[f]actual allegations must be [sufficient] to raise a right to relief above the speculative level...." Twombly, 550 U.S. at 555 (citations omitted).
Additionally, Plaintiff may not change the nature of this suit by adding new, unrelated claims in his first amended complaint. George v. Smith, 507 F.3d 605, 607 (7th Cir. 2007) (no "buckshot" complaints).
Finally, Plaintiff is advised that an amended complaint supersedes the original complaint. Lacey v. Maricopa County, 693 F.3d 896, 927 (9th Cir. 2012). Therefore, Plaintiff's amended complaint must be "complete in itself without reference to the prior or superseded pleading." Local Rule 220.
Based on the foregoing, it is HEREBY ORDERED that:
1. The Clerk's Office shall send Plaintiff a complaint form;
2. Plaintiff's complaint is dismissed with leave to amend;
3. Within thirty (30) days from the date of service of this order, Plaintiff shall file a first amended complaint; and
4. If Plaintiff fails to file a first amended complaint in compliance with this order, this action will be dismissed for failure to obey a court order and failure to state a claim.
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DaKine Mission - Men's
Where to Buy
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CLOSEOUTS . Whether on a mission to shred the slopes or trek to your next class, this Mission ski backpack from DaKine is ready for the job. It allows for vertical carry of your snowboard and features an internal padded laptop sleeve for when it's time to get academic. Available Colors: BLACK/STRIPES, MAINFRAME, BOMBER, BLOCKS, CHARCOAL, MONOBLUE, GEO CAMO, RED, AC SERIES, GREEN, BLACK/BLUE/WHITE, PALAPA, OCTANE, PACIFIC, BLACK, CAMO, FJORD, THREEDEE, GLACIER, MANTLE, PEWTER, PORTWAY, SEAPINE, SWITCH, NATIVE BLUR, TUBULAR, PATCHWORK CAMO, GIFFORD, PEAT CAMO, PHOENIX, RADNESS, SKYWAY, STRATA.
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