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United States District Court, Second Circuit
August 21, 2013
IN RE: FOSAMAX PRODUCTS LIABILITY LITIGATION. This document relates to all actions.
JOHN F. KEENAN, District Judge.
Before the Court is a motion by Merck for a second Lone Pine Order. For the reasons that follow, the motion is denied.
I. Background
On November 20, 2012, the Court issued a Lone Pine order, requiring a category of plaintiffs to provide additional information to Defendants. Specifically, all plaintiffs who did not allege "osteonecrosis of the jaw" or "osteomyelitis" were required to produce expert reports supporting their claims. The Court set a series of deadlines for the plaintiffs to make Lone Pine productions, all of which have since lapsed. The limited scope of the Lone Pine order subjected 439 plaintiffs to the process. In the end, approximately 430 of those plaintiffs' cases were dismissed.
Now, Merck requests a second Lone Pine order that would apply to the following three categories of plaintiffs: "(1) [those] who have failed to produce medical records evidencing a diagnosis of osteonecrosis of the jaw ("ONJ") or osteomyelitis; (2) [those] who can establish only minimal usage of Fosamax (less than one year of use based on pharmacy records); or (3) [those] whose last usage of Fosamax was extremely remote from their injury (no prescriptions filled within three years of alleged onset)." (Def. Br. at 1.)
Merck suggests that the plaintiffs in the above-listed categories should be required to follow Lone Pine procedures unless they can produce certain medical records that demonstrate that they do not belong in those categories (for example, if a plaintiff does not have pharmaceutical records showing more than one year of Fosamax usage, she must submit a record from her doctor to show that she took Fosamax for longer than one year).
II. Discussion
The Court reviewed both the authority and rationale behind the practice of issuing Lone Pine orders its Opinion of November 20, 2013. Therefore, the Court will confine this Memorandum Opinion to addressing Merck's assertion that a second targeted order is appropriate at this stage of the MDL.
Merck's motion appears to be premised on the idea that Lone Pine orders are meant to find all the cases that can or should be dismissed. This is not so: the purpose of Lone Pine orders is to streamline litigation eventual disposition. This goal was handily accomplished through the first Lone Pine order. And while Merck is correct that a Lone Pine order would not constitute a judicial finding that certain claims are "spurious" or "meritless, " it would be inappropriate for the Court to get involved in the fight between the parties on the merits even if is just for the purpose of commencing the Lone Pine process, as it would have to do if it granted Merck's motion.
Specifically, as to Merck's first proposed category, plaintiffs who Merck say have no record of a diagnosis of ONJ or osteomyelitis, the Court does not see how to single these plaintiffs out in an objective fashion. The Plaintiffs and Merck will inevitably disagree over whether any given plaintiffs' records indicate ONJ (as they already have during the briefing of this motion). Medical records are not always interpreted in the same way, as has been amply demonstrated during the bellwether trials. The mere fact that Merck proposed appointing a special master to help the parties decide which plaintiffs in category one must undergo Lone Pine procedures underscores the subjective nature of the inquiry.
Regarding Merck's second proposed category, plaintiffs whose pharmacy records indicate that they did not take Fosamax for more than a year, the Court also denies this request. Issuing a Lone Pine order for plaintiffs in this category would (a) eschew this Court's stated goal of safeguarding plaintiffs' rights, and (b) ignore other courts' admonishments to devise Lone Pine orders that reflect a balance between efficiency and equity. See In re Vioxx Prods. Liab. Litig. , 557 F.Supp.2d 741, 744 (E.D. La. 2008) ("In crafting a Lone Pine order, a court should strive to strike a balance between efficiency and equity."). Having previously denied Merck's summary judgment motion regarding plaintiffs who used Fosamax for less than 36 months, the Court determined that a reasonable jury could believe that short term Fosamax use could cause ONJ. Therefore, the Court can discern no reason why spurious claims would be more likely to be lurking in this category of cases.
Additionally, the Court notes that Merck would ask the Court to place an undue burden on plaintiffs who do not have the requisite pharmacy records. As the PSC correctly points out, the Court has previously ruled that evidence of Fosamax usage can be derived from pharmacy records or physician and dentists' records. Merck fails to provide any basis for limiting a possible Lone Pine inquiry to pharmacy records alone, and therefore the Court must deny their request.
As to Merck's third proposed category, plaintiffs who did not use Fosamax within three years of their alleged injury, as an initial matter, the Court notes that the AAOMS definition of bisphosphonate-related ONJ does not require that the prior use occur within a certain number of years. Moreover, Merck has vehemently opposed evidence relating to "drug holidays" in the past. Indeed, in granting Merck's motion in limine to exclude testimony that a drug holiday alters the risk of ONJ, the Court held "the position papers of several task forces and expert panels have noted the lack of evidence supporting the efficacy of such "drug holidays." As such, it is perplexing that Merck now asserts that it is more likely to find spurious cases among those plaintiffs who had not taken Fosamax for the period of time immediately before their injury.
Furthermore, the Court's original Lone Pine order was meant to ensure that plaintiffs with non-specific diagnostic fit the criteria for inclusion in this MDL. Merck now seeks a Lone Pine order that would require the Court to direct extra scrutiny on certain plaintiffs based on fact-based judgments regarding the affect of exposures to Fosamax or the interpretation of medical records - i.e., that plaintiffs whose Fosamax use was more attenuated from the onset of ONJ are likely to lose. This is a matter for summary judgment, not for Lone Pine.
III. Conclusion
For the reasons stated above, Merck's motion for a second Lone Pine order is denied.
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Living Roots released on KCA's Stronghold Recordings is a fresh and new album with several featurings and great instrumentals.
With a mixture of dancehall and roots songs, Junior Toots shows that he's definitely a great singjay. Here's 12 tracks including 'Word Sound', 'Holding Firm' featuring Junior P, 'Rastafari Stands For Right' featuring veteran drummer Wadi Gad and 'The Devil Is Weak'.
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Interview: Things you didn't know about Derajah
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Interview: Ken Boothe in Kingston (Part 1)
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Interview: Kabaka Pyramid in Kingston
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Interview: Oku Onuora in Kingston (Part 3)
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Greenberg Traurig has plans of setting up its office in Mexico City. This is Traurig's thirty-third office and will undertake a range of activities including corporate, antitrust, and litigation matters as well as telecommunications, real estate, and food and drug regulation. Luis Rubio Barnetche Rubio Villegas & Asociados's former managing partner will serve as managing partner of the new Traurig office. Bird & Bird has entered into an alliance with Casablanca's law firm, El Amari & Associates. Mohieddine El Amari, El Amari's founding and managing partner, has worked with Bird & Bird on joint projects in Paris. Bird & Bird also aims to strengthen its hold in North and sub-Saharan Africa as well as the Middle East. In the meantime, Squire Sanders & Dempsey opened up in Perth last week after adding 80 lawyers.


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C#/ASP.NET Developer
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Note: Sample below may appear distorted but all corresponding word document files contain proper formattingExcerpt from Research Paper:
Criminal Law Due Process
Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.
Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will get suppressed if the governments violate or deprive citizens of rights they are entitled by law.
The Fifth Amendment tells the federal government "that no one shall be deprived of life, liberty, or property without due process of law" (Strauss). The due process clause in the Fourteenth Amendment gave states the same legal obligation. The due process clause embodies the commitment of legality where government must follow fair procedures before depriving a citizen of life, liberty, or property. This does not mean that rights cannot be taken away. It means that due process has to present fair processes to make the determination. All levels of government must operate within law and provide fair procedures.
"The Federal Rules incorporate and expound on all guarantees included within the United States Bill of Rights" (Criminal Procedure, 2010). The Federal Rules include guarantees of due process, equal protection under law, the right to legal counsel, the right to confront witnesses, the right to a jury trial, and the right not to testify against oneself. States are not allowed to offer fewer rights to criminals than what the Federal Rules offer. Although, some states do give more rights to criminal defendants than the federal rules offer. As long as the offer is the same rights as the Federal Rules they are allowed to do more or just the same in the offerings.
It is unconstitutional to deny due process. Citizens are entitled to have the government observe or offer fair procedures whether they are provided for in law on the basis of which it is acting. Due process is not required in the constitution in the making of laws, but is required in the actions against individuals in each case of individual grounds. It governs how law is applied and if violations of citizen rights occur. For example, a citizen cannot be deprived from potential entitlements once they qualify without due process. A welfare program must have a judicial hearing before it can close to prevent deprivation of citizen rights. Without the judicial hearing the program runs the risk of deprivation of citizen's rights because there was no due process involved.
Law enforcement must abide by the Fourth Amendment that prohibits the government from performing unreasonable search and seizure. Courts will suppress evidence obtained in an unreasonable search and seizure. To obtain a search warrant, law enforcement must have probable cause, must support the showing by oath or affirmation, and must have a particular description of the place to search and the items to seize. Exceptions to this law includes searches at a border, search following a lawful arrest, a stop-and-frisk arrest, where seized items are in plain view, where articles are in an automobile, where a private individual makes the search, and where the officer has probable cause for a search to find a crime or evidence relating to a crime.
A criminal defendant must be made aware of their rights prior to any statements if the government intends to use the statements as evidence against them. The defendant must knowingly, intentionally, and voluntarily waive those rights in order for the government to use any statements against them without being informed of those rights. Evidence will be suppressed by a court if law enforcement obtains statements from a defendant without reading the rights or receiving a waiver of those rights from the defendant.
The Sixth Amendment gives defendants the right to a speedy trial and the right to a public trial by an impartial jury of one's peers. During jury selection for courts, jurors can be removed without explanation if it proves they are partial in any way. Judges are also responsible to minimize the effects of publicity, either by gag order or eliminating outside influences. This can include banning media in high profile cases. This also can include removing any persons who cause a publicity scene in the court room.
Defendants have the right to call their own witnesses, mount their own evidence, and present their own theory of the facts. Prosecution must turn over all evidence that will be used against the defendant and give the defendant the right to pre-trial access of all evidence prosecution has against them. Defendants are entitled to have enough time to take evidence the prosecution plans to use against the defendant and mount their own evidence for defense before a trial date.
The law only permits prosecution to overcome the defendant's presumption of innocence if they can show guilt beyond a reasonable doubt. This includes the right to cross examine prosecution witnesses. The prosecution has the burden of persuasion, which is providing enough evidence to make a defendant stand trial. The jury determines whether a defendant is guilty or innocent. After that determination is made, the defendant has the right to offer allocution if found guilty before a judge issues sentencing. Allocution is a personal explanation or remorse given by the defendant. It can include apologies for wrong actions. The defendant also has the right to ask for mercy, but it is up to a judge to decide to give it. Judges have the right to give reduced sentencing based on a defendant asking for mercy, apologizing to victims, or otherwise acknowledging their wrong doing.
Defendants have the right to an attorney. If they cannot pay for an attorney, it is the government's responsibility to provide an attorney. The defendant has the right to legal counsel being present during police interrogation. Defendants also have the right to have legal counsel presence in all court proceedings and be able to communicate with legal counsel before going to court. The legal counsel provided by the government must be effective to protect the rights of the defendant.
Under the Fifth Amendment, "no person shall be held to answer for a capital, or other words infamous crime, unless on a presentment or indictment of a grand jury" (Fifth Amendment). In order for a defendant to be held responsible for a capital crime, there must be sufficient evidence presented to a grand jury that proves guilt beyond reasonable doubt to obtain an indictment. This is the government's efforts to eliminate innocent people being responsible for erroneous capital crimes they did not commit.
The Double Jeopardy Clause prohibits states from charging the same defendant with substantially the same crime on the same facts. Defendants cannot be charged the second time for crimes they were tried for that contain the same charges and same facts. Once a defendant has been proven innocent of a crime, they cannot be retried for the same crime unless they recommit the crime on another day.
What process is due is determined on a case by case basis. The law requires a judge to determine due process procedures based on law and fairness for parties, defense and prosecution, in each case. Due process is based on common law that is mostly determined by judges in court cases. The…[continue]
"Functions Of Due Process In The Criminal Law System" (2013, January 29) Retrieved December 10, 2016, from http://www.paperdue.com/essay/functions-of-due-process-in-the-criminal-105062
"Functions Of Due Process In The Criminal Law System" 29 January 2013. Web.10 December. 2016. <http://www.paperdue.com/essay/functions-of-due-process-in-the-criminal-105062>
"Functions Of Due Process In The Criminal Law System", 29 January 2013, Accessed.10 December. 2016, http://www.paperdue.com/essay/functions-of-due-process-in-the-criminal-105062
Criminal justice system normally refers to the compilation of the prevailing federal; state accompanied by the local public agencies those pacts with the crime problem. These corresponding agencies procedure suspects, defendants accompanied by the convicted offenders and are normally mutually dependent insofar as the prevailing decisions of the single agency influence other supplementary agencies (Cole & Smith, 2009). The fundamental framework of the underlying system is normally granted through the
Criminal justice system is comprised of elaborate pieces of a huge puzzle. The age of "Order," CSI, and various other TV programs has actually all however removed the genuine components of the puzzle that bring about the arrest of the suspect. Prior to being employed, one is enlightened on how this works; he ought to be warned of the jobs that everyone plays and at exactly what phase they are
The goal of modern constitutional criminal procedure is to define principles of law enforcement that protect citizens from government intrusions that are unreasonable in their effect on personal liberties, while simultaneously facilitating the reasonable enforcement of law and protection of society by prosecuting and punishing criminal conduct. One of the first principles in early American constitutional history was the idea that it was more beneficial to society and its citizens to
In addition, victims may make a written victim impact statement and present their statement to the court. Corrections: Identify 2 to 3 correctional facilities in Louisiana. Provide information about the types of facilities they are (maximum or minimum security); the types of designs; whether they are private or public; their population statistics; and their type of crime statistics. The Elayn Hunt Correctional Center is the second largest prison within the state
3. Given what you know about the operations of the criminal courts, is it accurate to call the criminal justice process an "open system"? Why? Yes, it is accurate to call the criminal justice process an open system. Criminal defendants have access to counsel, either private counsel or court-appointed counsel if a defendant is indigent, for every crucial part in the criminal justice process. In addition, the public has access to
Criminal Justice Trends The trends of the past, present and future that outline the borders connecting the criminal justice system components and their links adjoining the society is, beyond doubt, an authentic relationship that the law and society have established. Criminal justice has been affected by various trends in the times gone by. This is because trends keep changing with the passage of time. Therefore, it is exceedingly important for the
During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.). Part 1.2.1 - Civil


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Finally a court has stood up to the anti-vaccination crazies. In New York City, parents will no longer have the right to send their unvaccinated kids to school. According to a Brooklyn Federal District Court judge, in a ruling last week stated that a parent's constitutional right to freely exercise their religion does not always [Read More…]
NY Court Says, "Stop Sending Your Unvaccinated Kids to School"
In very first law passed by Congress the founding fathers took god out.
I can't even get through a day without breaking my own self-imposed ban. But I'll try to keep it quick. Ever wonder what was the first law Congress ever passed? Well, this was it: An Act to regulate the Time and Manner of administering certain Oathswas the first law passed by the Congress assembled after [Read More…]
This Week in Secular Parenting…
Since I'm new to JT's blog, let me introduce myself very quickly. My name is Daniel Moran. I am the Democratic candidate for Texas House District 63. I won't discuss that today though, because I have something else I'd like to talk about. For us parents out there with no religious affiliation, whether we call ourselves [Read More…]
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JT has asked us to start out by introducing ourselves, which seems like a reasonable request. I'm Rebecca Hensler. If you have heard of me, it is because I started Grief Beyond Belief, the secular support network for anyone grieving without belief in god(s) or an afterlife. You may even know a little of my [Read More…]
Sneaking back in with wedding prep pictures.
Never thought I'd have to sneak back in among the posts on my own blog… Last night the party began. Two of my groomsmen, David and Jeremiah, are in town. We spent the night playing games (Lords of Waterdeep and Sentinels of the Multiverse). We also made fish bowls with mom and dad. Today we're [Read More…]
The 3-Year-Old Kicked Out of KFC Was a Hoax
I bet a lot of you saw the heartbreaking story of a little three-year-old girl who was attacked by her grandfather's dog and suffered serious facial damage was kicked out of a KFC because her facial scars were scaring the customers. KFC quickly apologized and donated $30,000 to the girls family to help pay for [Read More…]
Guest post by Dr. Darrel Ray: sex addiction is a non-existent diagnosis.
Not that long ago, there was a whole cottage industry developed around the psychological treatment and rehabilitation of homosexuals or "reparative therapy." Professionally trained men and women, using scientific terminology, dedicated themselves to helping homosexuals get over their crippling psychological problems and reintegrate back into society. Most people today scoff at such a concept, and [Read More…]
How to Write for JT's Blog
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Hello. My identification is "Jasper". I am a socially anxious biped, and apparently I'm going to write a couple posts here while JT goes off and does things. For the most part, I wish to remain anonymous, mostly due to fears of future potential employers searching my name, though some effort could probably reveal who [Read More…]
Your Morning Happi… HUSKY DOSE OF AWESOME!
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Pascal's Wager appeased.
One of my groomsmen, David, went with me today to get haircuts. I'm getting married as the 10th Doctor and David is going to attend the wedding as the same. On the way he gave Michaelyn and me our first wedding gift: a rosary he got when visiting Vatican that was personally blessed by the [Read More…]
Pope excommunicates the mafia.
The Pope took a stand: Deviating from prepared remarks at a mass in southern Italy, Pope Francis threw the ultimate brushback pitch at the Calabrese Mafia today, telling the organized crime syndicate they are excommunicated. Because if there's one thing the leader of the Catholic Church can't stand it's an organization that coerces obedience and protection money [Read More…]
Bobby Jindal: people are ready for a hostile takeover of D.C.
In a recent speech Louisiana Governor Bobby Jindal favorably referenced people who wish to violently overthrow the government. Jindal spoke at the annual conference hosted by the Faith and Freedom Coalition, a group led by longtime Christian activist Ralph Reed. Organizers said more than 1,000 evangelical leaders attended the three-day gathering. Republican officials across the [Read More…]
Rick Santorum: gay marriage is bad for the economy.
In an interview with TownHall, Rick Santorum argued that marriage equality shouldn't be allowed because it would be bad for the economy. "When we continue to see a decline in marriage and a redefinition of marriage, you get less marriage," he said. "You get families that aren't as strong, and as a result, society generally, [Read More…]


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Disc 1 Ask The Lonely Where Did You Go Do You Know What I'm Talkin' About You Say You Love Me Conscience I'm Guilty You Got Me Worried Shotgun Hot Cha All For You Too Many Fish In The Sea Love Makes The World Go 'Round But Money Greases The Wheel Come On Back (And Be My Love Again) I'm Still Loving You Go Ahead And Laugh Nowhere To Run Motoring Stop! In The Name Of Love I'm In Love Again Stop! In The Name Of Love When I'm Gone I've Been Good To You When I'm Gone (Second Version) I'll Be Doggone You've Been A Long Time Coming I'll Be Doggone (Second Version) Ooo Baby Baby All That's Good It's Growing What Love Has Joined Together Disc 2 Never Say No To Your Baby Let's Dance Kiss Me Baby You Only Pass This Way One Time Rain Is A Lonesome Thing My Baby Beautiful Brown Eyes Back In My Arms Again Whisper You Love Me Boy Back In My Arms Again A Thrill A Moment I'll Never See My Love Again I Can't Help Myself Sad Souvenirs I Can't Help Myself (Second Version) All The Good Times Are Gone The Great Titanic Lonely, Lonely Girl Am I I'm The Exception To The Rule I'll Keep Holding On No Time For Tears Do The Boomerang Tune Up Operator I'll Be Available Down To Earth Had You Been Around Disc 3 Buttered Popcorn Tell Me Single Version He's An Oddball By Some Chance Why Do You Want To Let Me Go I'm Not A Plaything The Only Time I'm Happy Supremes Interview Since I Lost My Baby You've Got To Earn It I'll Always Love You Tomorrow May Never Come This Time Last Summer Please Don't Turn The Lights Out Why Break My Heart (Just To Run Around) They're Only Words Pretty Little Baby Now That You've Won Me First I Look At The Purse Searching For A Girl The Tracks Of My Tears A Fork In The Road Shake And Fingerpop Cleo's Back It's The Same Old Song (Mono Version) Your Love Is Amazing It's The Same Old Song Disc 4 Mother Dear Nothing But Heartaches He Holds His Own Nothing But Heartaches (Second Version) Danger Heartbreak Dead Ahead Your Cheating Ways Your Cheating Ways (Second Version) You've Changed Me Who's Lovin' You You've Been In Love Too Long Love (Makes Me Do Foolish Things) High Heel Sneakers Funny How Time Slips Away Music Talk The Bigger Your Heart Is (The Harder You'll Fall) The Two Of Us I Don't Know What To Do What Now My Love Hang On Bill Puppet On A String You Can Cry On My Shoulder How Many Times Did You Mean It You Can Cry On My Shoulder (Second Version) You Need Me Moonlight On The Beach Take Me In Your Arms (Rock Me A Little While) Don't Compare Me With Her Things Are Changing Disc 5 Ain't That Peculiar She's Got To Be Real Ain't That Peculiar (Second Version) My Girl Has Gone Since You Won My Heart My Girl Has Gone (Second Version) My Baby Don't Look Back My Baby (Second Version) Don't Look Back (Second Version) I Can't Help Myself (Sugar Pie, Honey Bunch) How Sweet It Is (To Be Loved By You) I Hear A Symphony Who Could Ever Doubt My Love As Long As There Is L-O-V-E, Love How Can I Say I'm Sorry We Call It Fun Voodoo Plan Something About You Darling, I Hum Our Song I've Been Cheated Take My Hand Something's Bothering You Let's Go Somewhere Say You All For Someone I Can't Believe You Love Me Hold Me Oh My Darling Disc 6 You're Gonna Love My Baby The Touch Of Time Children's Christmas Song Twinkle Twinkle Little Me Uptight (Everything's Alright) Purple Rain Drops A Bird In The Hand (Is Worth Two In The Bush) Since You've Been Loving Me Don't Mess With Bill Anything You Wanna Do The Flick Part 2 The Flick Part 1 Do Right Baby Do Right Don't Be Too Long Do Right Baby Do Right (Second Version) Going To A Go-Go Choosey Beggar Ask Any Man Spanish Rose Cleo's Mood Baby You Know You Ain't Right My World Is Empty Without You Do I Love You
|Company Name
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|Shop Address
|Shop Phone Number
|Shop Email Address


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iMac Graphics
Technology vector design of an all-in-one desktop computer manufactured by Apple. Dark screen, Apple logo on the bottom part of the screen frame and curved stand. Free vector design to create technology, tech, computers, devices, Apple products, gadgets and electronics designs. Computer Vector by Vintagemay10
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Asked by GlitteribonMom at 8:25 PM on Mar. 8, 2011 in Crazy for CreditsLevel 56 (689,167 Credits)
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Hello guys, me and a couple of my friends would love to have some Japanese Exclusive stationary but I don't know anyone with a Japanese 3DS...
Would anyone of you care to help?
Add me and I'll add you back, thanks!
btw, this is all that I have if anyone of you need them.
I am the original bread.


text:
- Product Description
Who is it for?
- 1st Graders (6 to 7-year-olds)
- 2nd Graders, (7 to 8-year-olds)
- Kindergarteners (5 to 6-year-olds)
What's included?
Each deck contains 60 cards, directions, and a full set in black and white for those who need low ink printing options (or don't have access to a colored printer). Each deck features money images, names, and values so players get hands on practice while still having fun. The decks can be played separately or together and are different color schemes so they are easy to separate back out.
- Ask The Seller
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- Reviews
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- About the Seller
I have been creating content for the Internet for almost 9 years. When I learned that you could make products and sell them to teachers it was a natural fit. I started by creating products for my children and I to use in our homeschool and have branched out to meet other people's needs as well. I love creating products, love having my children give me feedback, and love hearing from happy homeschoolers and teachers who buy my products! I hope you like them too.


text:
Several factors make the advertising services we can offer just that little bit different.
Confiez les espaces publicitaires de votre site Web א un expert de la gestion et de loptimisation publicitaire sur Internet א travers diffיrentes offres au CPM et א ...
GestionPub is leading in Top 1M Sites.
In terms of market share, Al Bawaba Advertising is clearly lagging behind, losing to GestionPub in all segments.
GestionPub has better usage coverage in more websites categories. Including Arts & Entertainment, Business & Industry, Computer & Electronics, Internet & Telecom and 47 other categories.
Al Bawaba Advertising is leading in Marketing & Advertising.
GestionPub is leading in most countries, including France, Belgium, Morocco, Germany and 13 other countries.
Al Bawaba Advertising is leading in United States and Korea Republic.


text:
"The hotel has a warm n welcoming feel ! Every staff is smiling even in ...." - Archna MathurRead more reviews >>
Lambana Resorts
Calangute, Goa - 403 516
Choose Dates
Lambana Resorts, Goa - Overview
Lambana Resorts is at 1 km from the Calangute Beach. This beach hotel in Goa features a swimming pool and poolside deck beds. The Mapusa Bus Stand is at 8 km from the resort. This 4-story resort has 24 well-appointed rooms with attached baths and balconies. Each room has an air-conditioner, a refrigerator, tea/coffee maker, satellite TV, and 24-hour supply of hot and cold water. This accommodation in Goa provides room, laundry, doctor-on-call, and wake-up call services. It has an in-house multi-cuisine restaurant and also a poolside restaurant. Lambana Resorts operates a travel desk providing currency exchange services. The Thivim Railway Station is at 19 km from the resort, whereas the Goa International Airport is at 38 km. The resort is at 4 km from the Candolim Beach, at 8 km from the Anjuna Beach, and at 8 km from the Aguada Fort.
One can also explore the sounds and sights of the place by being a part of the siteseeing tour and the boat cruise rides.
Check-in time : From 02:00 pm
Check-out time : Until 11:00 am
Lambana ResortsGuest Reviews based on 7 reviews
of our customers recommend this hotel
Check availability for Lambana Resorts, Goa
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Lambana Resorts, Goa - Rooms & Price
|Room Type
|Deals and Promotions
|Total Price
|Executive Room With Breakfast
Breakfast, Flexible Check...
|3 2
|Rs. 4,079
|Choose Dates
Inclusion: Breakfast, Flexible Check in and Check out (Subject to Availability), Christmas Eve (24 December) Gala Dinner per adult: INR 2500 directly payable at the hotel by the guest, Free use of swimming pool, Christmas Eve (24 December) Gala Dinner per child: INR 1250 (from 6 to 12 years old) directly payable at the hotel by the guest, Buffet Breakfast at restaurant., Welcome drink on arrival, Only Mattress provided for extra person, Non alcoholic welcome drink on arrival, One mineral water bottle., New Year Eve Gala Dinner (31st December) INR 4500/- per adult and INR 2250 for child (6-12 yrs) which is mandatory and included in the room rate for double occupancy., Compulsory New year Gala Dinner supplementary Charge Adult Rs. 4250/- Child - 2125/-., Compulsory Christmas Gala Dinner supplementary Charge Adult Rs. 3750/- Child - 1875/-., Free room upgrade subject to availability, One Day South Goa Tour by Non A/C Coach followed by Boat cruise in the evening (if weather permits)., Airport/Railway Station transfers by non ac car/coach.
Lambana Resorts, Goa - Amenities
- 24-Hour Front Desk
- 24-Hour Security
- Concierge
- Currency exchange
- Front desk
- Internet Access
- Kids Pool
- Laundry facilities
- Outdoor Pool (all year)
- Restaurant
- Room service
- Swimming pool
- Taxi Service
- Telephone
- Transportation Service
- Travel counter
- Wake up service/Alarm clock


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Parliament of India Recruitment
Parliament of India Recruitment 2017: Parliament of India has professed a job notification which has titled as Parliament of India Recruitment. Applications are invited from deserving Indian citizen for filling up 20 posts of Casual Labourers in Lok Sabha Secretariat. Aspirants who have willing to build their career in well reputed organization and think that they are suitable for Parliament of India vacancy may apply by filling application on or before last date 31st October 2016.
Parliament of India Recruitment
Organization name
Parliament of India
Name of the posts
Casual Labourers
No of vacancy
10th pass
Age limitations
18-27 years
Selection process
Personal interview
Mode of apply
Closing date
31st October 2016
Organization want to recruit eligible and well deserve candidate for Parliament of India jobs so, aspirants who want to proceed forwards towards bright future may submit application form with photocopy of relevant documents. To know remaining information regarding Parliament of India Recruitment may scroll down this page which is well equipped by the www.privatejobshub.in.
Name of the Posts:
Casual Labourers -20 vacancy
Eligibility Criteria:
Aspirants who want to apply for the concern posts should have passed 10th from a Government recognized School/Institute.
Press Here: Latest 10th Jobs
- Aspirants who want to become the part of the organization should be in between 18 years to 27 years of age as said by the organization.
- Relaxation will be provided to reserved category candidates (SC/ST) as per the norms of the government organization.
Pay Scale:
Aspirants will get attractive amount salary after taking a look on their performance in specific area as decided by the organization.
Mode Of Assortment:
Candidates will be shortlisted on the basis of eligibility conditions then they will called for personal interview as decided by the selection committee of the organization.
Check Now - Interview Questions for Government Jobs
Way to Apply For Parliament of India Recruitment:
- Firstly aspirants need to visit official website that is www.parliamentofindia.nic.in
- You need to hit on suitable link located at the home page
- After that a new page appear in front of you on your screen with the headings of new openings
- After that have to hit on appropriate link and open it for which you are applying for
- Then read the advertisement attentively and completely
- Need to download application form
- Must fill application form with required details
- Attach photocopy of relevant documents along with application form
- Take a review of dully application form to avoid errors
- Lastly send all the documents on below mentioned address
Postal Address:
The Joint Recruitment Cell,
Room No. 521, Parliament House Annexe,
New Delhi-110001
Check Here – Latest Jobs in Delhi
Important Dates:
Last date of submitting dully filled application form is 31st October 2016
Aspirants may check official link for getting more information regarding Parliament of India Recruitment 2016-2017. Keep aspirants keep visiting on this web portal regularly for obtaining further details.
Have a Look On Below Links
Are You Still Jobless, Get Salary Upto 8.5 Lakhs – Apply Now


text:
Online Database Will Show How All Washington State Fees Spent
Soon, Washington residents will finally be able to see where their money is going from state fees.
Soon, Washington residents will finally be able to see where their money is going from state fees.
Despite significant support from both parties and many other groups, the bill didn't even make it to a vote.
According to the latest from the Seattle Times, a controversial bill requiring background checks for gun purchases is dead!
Now that the Washington State Supreme Court has cleared a two-decade hurdle that often kept the legislature from enacting a number of tax packages, State leaders fear more increases.
Once again, the folks in Olympia just don't get it!
A new medical marijuana bill could set precedent.
Washington businesses and insurance companies are keeping a close eye on Olympia where the controversial Reproductive Parity Act passed the House.
Washington state's gun control proposal is off the table for this legislative session.
Currently, married couples wishing to divorce in Washington must sit out a three-month waiting period. A new bill in Olympia would extend that to one year.
You may have never heard of Washington CAN! but you will have heard of who endorses them. Once you know, you'll be as excited as we are (sarcasm) for the Monday event in Tri-Cities the group announced on its website.


text:
6641 S Kings Ranch Rd,Apache Junction, AZ 85118 | Map
150 N Main St,Florence, AZ 85132 | Map
Welcome to Belvas Real Estate in Historic Downtown Florence. We are the place to come for all you... Read More
1600 E Ash St,Globe, AZ 85501 | Map
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2140 E Greasewood St,Apache Junction, AZ 85119 | Map
6140 S Kings Ranch Rd,Gold Canyon, AZ 85118 | Map
Serving Buyers & Sellers in Gold Canyon and surrounding communities! Top rated for this area! WOR... Read More
2035 Hwy 60,Globe, AZ 85501 | Map
Oak Realty has been the top producing real estate company in the Globe and Miami, AZ area since 1... Read More
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There are many qualities and skills that go into being an excellent real estate professional: int... Read More
4950 E Lost Dutchman Blvd,Apache Junction, AZ 85119 | Map
Smith Realty with Broker/Owner Sally smith has been providing the very best in customer service a... Read More
6268 S Kings Ranch Rd,Gold Canyon, AZ 85118 | Map
Welcome! Since our inception in 1959, Weichert, Realtors - Lake Realty has seen many real estate ... Read More
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text:
Credit unions pursue bill to increase business lending
Arguing that small companies and jobs would grow if credit unions could do more commercial lending, credit unions think they have their best chance ever of persuading Congress to raise the cap on loans they can make to businesses.
Credit unions, which are like banks in many ways but are not-for-profit cooperatives owned by their members, contend that the federal law that limits their business loans to 12.25% of assets is hindering their ability to lend to small-business owners. They want to raise the limit to 27.5% of assets. »Read Full Article(2)


text:
Lake Nemi
this wiki
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Wikia is a free-to-use site that makes money from advertising. We have a modified experience for viewers using ad blockers
Wikia is not accessible if you've made further modifications. Remove the custom ad blocker rule(s) and the page will load as expected.
|Where are the paintings?
This article is in need of more images and/or better quality pictures in order to achieve a higher status. You can help the Assassin's Creed Wiki by uploading better images on this page.
Lake Nemi (Italian: Lago di Nemi) is a lake located in Italy.
Lake Nemi is a small volcanic lake situated about 30 kilometres south of Rome. It is named for Nemi, the largest town in the vicinity and is best known for the huge sunken Roman ships at its bottom, the largest of which are believed to have been elaborate floating palaces during the 1st century.
The ships have technology aboard which was believed to have been invented only recently, including complex heating systems and bath plumbing.
During the early 16th century, Cesare Borgia had established a weapons factory near the lake which manufactured chariot-mounted machine guns. In 1502, the Assassin Ezio Auditore da Firenze broke into the factory, burned the plans for the machine and destroyed the only two prototype machines in existence.


text:
Find. Book. Pitchup.
- We make it a doddle to book campsites, glamping sites and caravan parks throughout the UK, Europe and the Americas.
- Trusted by over 1m holidaymakers from 99 countries
- Choose and book in minutes, with instant confirmation and no booking fees.
2 bookable sites within 40 miles of Adare
Adare Camping and Caravan Park
Adare, Co. Limerick, Republic of Ireland Show on map
|Hardstanding touring pitch - optional electric
|8 x
|From £18.72/€22/A$31.66/US$23.66/CA$31.32/CHF23.85/kr215.39/kr164.33/kr197.86/kr2,600/$381.99/$15,598/PEN80.75/NZ$32.90/R319.96/zł97.74/R$80.13/Kč596.10/RSD2,713 per night
Doolin Riverside Caravan and Camping Park
Doolin, Co. Clare, Republic of Ireland Show on map
|Non-electric grass pitch
|unlimited x
|From £19.57/€23/A$33.09/US$24.74/CA$32.74/CHF24.93/kr225.18/kr171.80/kr206.85/kr2,718/$399.36/$16,307/PEN84.42/NZ$34.40/R334.50/zł102.18/R$83.77/Kč623.20/RSD2,836 per night
Glen of Aherlow Caravan and Camping Park
Glen Of Aherlow, Co. Tipperary, Republic of Ireland Show on map
Mountshannon, Co. Clare, Republic of Ireland Show on map
Cashel, Co. Tipperary, Republic of Ireland Show on map
Clogheen, Co. Tipperary, Republic of Ireland Show on map
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TechNet is the home for all resources and tools designed to help IT professionals succeed with Microsoft products and technologies.
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Canada will send 200 military trainers to Ukraine, joining the U.S. and Britain in an international effort to shore up the eastern European country's battered and bloodied combat forces.
Prime Minister Stephen Harper and Defence Minister Jason Kenney announced the long-anticipated move Tuesday at National Defence headquarters.
Also read: Von Miller, Broncos face off against Marcus Mariota, Titans
Read more


text: Emitt Rhodes - Emitt Rhodes (1970) • Italo Disco HiNrg • Year : 0 • On demand! (album available 128-320kbs)* 0 Label Facebook Twitter Google+ Pinterest Hide/Show Album Info Emitt Lynn Rhodes is an American singer/songwriter, multi-instrumentalist and recording engineer born February 25, 1950 in Decatur, Illinois. When he was five his family moved to Hawthorne, California. Considered by many as "the one man Beatles," his solo recordings of the early 1970s show a clear Paul McCartney influence in both vocals and musicianship. Rhodes began his career in musical ensembles The Palace Guard (as the group's drummer) and The Merry-Go-Round (multi-instrumentalist), leaving the drums to the expertise of Joel Larson.Rhodes recorded the album in his home studio. At the time, union rules required that recordings released on major labels must be recorded in proper studios, so the fact that this was a home recording could not be mentioned on the cover. The runout groove of the original LP release on Dunhill Records contained a decorative banner proclaiming, "Recorded at Home." Rhodes wanted to call the album Homecooking, but Dunhill decided to title it Emitt Rhodes.Rhodes recorded the instruments on a four-track recorder and then approched Dunhill, who gave him a contract. He transferred the four-track instrumental recordings to an eight-track recorder to add the vocals on the four additional channels (and using a better microphone).The album reached number 29 on the Billboard album chart. The single "Fresh as a Daisy" just missed the top forty. Billboard later called the album one of the "best albums of the decade". The song "Lullabye" was featured in the film The Royal Tenenbaums.Tracks01. With My Face On The Floor 3:06 02. Somebody Made For Me 2:23 03. She's Such A Beauty 2:21 04. Long Time No See 3:14 05. Lullabye 1:05 06. Fresh As A Daisy 2:46 07. Live Till You Die 2:44 08. Promises I've Made 3:21 09. You Take The Dark Out Of The Night 2:54 10. You Should Be Ashamed 2:38 11. Ever Find Yourself Running 2:34 12. You Must Have 2:04 Listen #tags The album code is : ODI159127 You may also like ... RCR (Rhodes Chambers Rhodes) - Scandal 1980 Vinyl RCR (Rhodes ... Marc Cary - Rhodes Ahead Vol.1 (1999) Marc Cary - ... Sonny Rhodes - A Good Day to Play the Blues (2001) Sonny ... Stephen Rhodes - Intermezzo (2013) Stephen ... Stephen Rhodes - Faeries And Dreams (2003) Lossless Stephen ... Jozef Dumoulin - A Fender Rhodes Solo (2014) Jozef


text:
Advanced technical features make this Casio G Shock watch a proficient and proportioned prodigy. Whether you're measuring altitute and barometric pressure — or time, temperature and directional headings your calculated companion will always have you covered. Known in the field as the Rangeman, this watch was built for battle. You two are gonna cause a ruckus.
Cylindrical buttons provide outstanding operation and improved resistance to impact. The frequently used sensor button (center right) has a metal cover that protects it against lateral impact and keeps foreign matter out. Pressing the sensor button in any mode takes you directly to a sensor screen. Each sensor mode has its own audible tone, which means you can determine which mode you are entering without even looking at the watch.
All of this plus sunrise/sunset data, one-touch time recording, one-touch elapsed time measurement, world-renowned G-Shock toughness and durability, and much more makes RANGEMAN the perfect choice for rangers, rescue crews, and anyone else whose profession or activities demand unfailing reliability. Black resin band digital watch with black face, red accents on the dial and the side button.
- Multi-Band Atomic Timekeeping (US, UK, Germany, Japan, China)
Receives time calibration radio signals which keep the displayed time accurate
Auto receive function (up to 6 times per day/up to 5 times per day for China)
Manual receive function
Signal: US WWVB, UK MSF, Germany DCF77, Japan JJY40/JJY60, China BPC
Frequency: US 60kHz, UK 60kHz, Germany 77.5kHz, Japan 40/60kHz, BPC 68.5kHz
- Tough Solar Power
- Shock Resistant
- Mud Resistant
Case & buttons are sealed to prevent mud, dirt and dust from getting into the watch
- 200M Water Resistant
- Low Temperature Resistant (-10 C / 14 F)
- Triple Sensor w/Direct Access Button
- Altimeter
Measuring range: -700 to 10,000 m (-2,300 to 32,800 ft)
Measuring unit: 1 m (5ft)
Manual memory measurements: up to 40 records (shared storage with date/time, bearing, and barometric pressure/temperature records)
Historical Altitude Values: High altitude, Low altitude, cumulative ascent, cumulative decent
Others: Reference altitude setting, Altitude differential, Altitude auto reading interval (0'05 or 2'00)
- Digital Compass
Measures and displays direction as one of 16 points
Measuring range: 0 to 359 degrees
Measuring unit: 1 degree
60 seconds continuous measurement
Graphic direction pointer
Bidirectional calibration
Magnetic declination correction
Bearing memory: up to 40 records (shared storage with date/time, bearing, and barometric pressure/temperature records)
- Barometer
- Display range: 260 to 1,100 hPa (7.65 to 32.45 inHg)
Display unit: 1 hPa (0.05 inHg)
Atmospheric pressure tendency graph
Atmospheric pressure differential graphic
Atmospheric pressure change indicator
Manual memory measurements: up to 40 records (shared storage with date/time, bearing, and barometric pressure/temperature records)
- Thermometer
Display range: -10 to 60 C (14 to 140 F)
Display unit: 0.1 C (0.2 F)
- Full Auto LED (Super Illuminator) Backlight with Afterglow
- World Time
- 31 time zones (48 cities + UTC), city code display, daylight saving on/off
- 5 Daily Alarms (4 one-time and 1 snooze alarm)
- Hourly Time Signal
- 1/100 Second Stopwatch w/Direct Access
Measuring capacity: 999:59'59.99"
Measuring modes: Elapsed time, split time, 1st-2nd place times
- Countdown Timer
Measuring unit: 1 second
Countdown range: 24 hours
Countdown start time setting range: 1 minute to 24 hours (1-minute increments ans 1-hour increments)
- Sunrise/Sunset Data
- Displays sunrise time and sunset time for a specific date (at sea level)
- Time Recorder
- Memory capacity: up to 40 records (shared storage with date/time, bearing, and barometric pressure/temperature records)
- Full Auto Calendar (Pre-programmed until the year 2099)
12/24 Hour Formats
Button operation tone on/off
Accuracy: +/- 15 seconds per month (with no signal calibration)
- Storage Battery: Solar Rechargeable Battery
Battery Level Indicator
Power Saving Function
Approx. Battery Life: 7 months on full charge (without further exposure to light)
- Module 3410
Size of case/total weight
GW9400 55.2 x 53.5 x 18.2mm / 93g
- Multi-Band Atomic Timekeeping (US, UK, Germany, Japan, China)
Explore all Casio G Shock Watches
Return Policy
Please fill out the Return Form when sending back packages. RMA Form
Tactical Distributors is committed to providing 100% customer satisfaction. If you are not satisfied with your purchase and wish to return an item within 30 days of receipt, the shipping costs for incorrectly shipped items will be met by Tactical Distributors. Goods which are supplied correctly may be returned within a 30 day period for exchange or refund. Shipping costs for correctly shipped items will be met by the customer. For your convenience, the cost of return shipping will be deducted from your refund balance.
To receive a RMA (Return Merchandise Authorization) number please contact the Customer Service Department. All returns must have an authorization number written on the outside of the box in order to be processed. Returns without an authorization number will be returned to sender.
For the fastest service, call Customer Service at (866)-916-6905 to request a QuickExchange. We'll place an order for your new item right away, and usually ship it the next day. We'll need to charge you the purchase price, but we'll waive the shipping and handling charge for the new item. Once we receive your return, we'll credit you for the cost of the original item.
Please send any products under warranty directly to the manufacturer to expedite the return process. If sent to Tactical Distributors, we will forward it to the manufacturer for their inspection and they alone will make final decision on repair or replacement. Please note that due to health regulations, we cannot accept returned socks or underwear.
Items with serial numbers that are altered or changed will not be accepted for return.
Merchandise must be unworn, and in the original packaging. We'll also accept the return of incorrect or defective merchandise that meets the guidelines below.
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About Us:NYC ANTIFA is an autonomous blog that is trying through different media (news, videos and information in general) help to build, defend, educate and create an effective cultural resistance against fascism.
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- and @La_Horde translated "An Antifascist Response to the Trumpist Future" into French, too - guess it struck a chor… twitter.com/i/web/status/8… 13 hours ago
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Action Antifa vol1 – "NI OUBLI, NI PARDON"
An Antifascist RAP mixtape by AFA PARIS-BANLIEUE Tracklist : Marouf – Introduction Cutter & Le Druide (Sang Mêlé) – Ni Oubli Ni Pardon Eone (Première Ligne) – J'plaide coupable (remix) Tonio – Sans titre Kash Leone – Mauvaise rencontre Kev … Continue reading
Posted in Culture, France, Music, Paris Tagged action, Action Antifa vol 1, AFA, AFA PARIS-BANLIEUE, anti-bonehead, anti-nazi, antifa, antifascist, compilation, culture, Eone, hip hop, Kash Leone, Kev O, Killah P, Marouf, mixtape, music, Mydjack, NI OUBLI NI PARDON, no pasaran, NZO, paris, PARIS-BANLIEUE, rap, Sang Mêlé, Skalpel, solidarity, Spit, Stratégie de paix, Tonio, VII
"Stomp Em In The Face!"
IENT – Stomp 'Em Song from mid -00's when violent clashes between anti-fascists (antifa) and nazis were at it's peak in Sweden. (((FREE DOWNLOAD HERE)))
Posted in Culture, Music, Sweden Tagged anti-fascist, anti-nazi, antifa, culture, hip hop, IENT, insurrectional entertainment, music, rap, stomp 'em, Stomp Em In The Face, sweden
Chumbawamba – The day the nazi died
Chumbawamba live, Düsseldorf, 23.04.2000 we're tought that after the war the nazis vanished without a trace but battalions of fascists still dream of a master race the history books they tell of their defeat in '45 but they all came … Continue reading
Posted in Culture, Music, United Kingdom, Video Tagged anti-nazi, antifa, Chumbawamba, culture, day the nazi died, music, pop, post-punk, punk, The day the nazi died
Support Needed for Dane Rossman!
Dane Rossman, of Tucson, AZ, is in need of urgent support in the face of multiple felony charges stemming from an anti-nazi action in November of 2010. In a worst case scenario, Dane could be looking at over 20 years in … Continue reading
Posted in Call To Action, United States Tagged anti-nazi, antifa, antifascism, arizona, dane rossman, diret action, solidarity 1 Comment
In recent years we have been witnesses to new trends amongst neo-Nazis. Still more and more of them leave the skinhead image, and try to "catch onto" something else. One of the targets for them is the hardcore scene. They … Continue reading


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Sun. October 5th 2008 1:00 pm - 5:00 pm @ Stationhouse Pub (No Minors) 1:00 pm - 5:00 pm
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2001 - The Collected Stories of Vernor Vinge
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Rodney G. Rowland (born February 20, 1964) is an American actor. He is credited as Rod Rowland in more recent productions, given his predilection to being called Rod. Rowland's most noted appearances to date were as 1st Lieutenant Cooper Hawkes in 1995's Space: Above and Beyond and P. Wiley in The 6th Day, starring Arnold Schwarzenegger. Born in Newport Beach, California, Rowland is the youngest of 4 children and the son of a minister. After brief time as a student on a watersport scholarship at Pepperdine University, Rowland went to Europe and worked as a model for Haute Couture labels like Gucci, Versace, and J.Crew. On the suggestion of Bruce Weber, he began taking acting classes and took on roles in film and theater.
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October 3, 2011
MARIO GUTIERREZ, PLAINTIFF,v.FIFTH APPEAL COURT,DEFENDANT.
Plaintiff is a state prisoner proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and has filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. This proceeding was referred to the undersigned magistrate judge in accordance with Local Rule 302 and 28 U.S.C. § 636(b)(1).
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or an officer or employee of a governmental entity. See 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. See 28 U.S.C. § 1915A(b)(1) & (2).
A claim is legally frivolous when it lacks an arguable basis either in law or in fact. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Franklin v. Murphy, 745 F.2d 1221, 1227-28 (9th Cir. 1984). The court may, therefore, dismiss a claim as frivolous where it is based on an indisputably meritless legal theory or where the factual contentions are clearly baseless. Neitzke, 490 U.S. at 327. The critical inquiry is whether a constitutional claim, however inartfully pleaded, has an arguable legal and factual basis. See Jackson v. Arizona, 885 F.2d 639, 640 (9th Cir. 1989); Franklin, 745 F.2d at 1227.
Rule 8(a)(2) of the Federal Rules of Civil Procedure "requires only 'a short and plain statement of the claim showing that the pleader is entitled to relief,' in order to 'give the defendant fair notice of what the . . . claim is and the grounds upon which it rests.'" Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) (quoting Conley v. Gibson, 355 U.S. 41, 47 (1957)). However, in order to survive dismissal for failure to state a claim a complaint must contain more than "a formulaic recitation of the elements of a cause of action;" it must contain factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic, 550 U.S. at 555. In reviewing a complaint under this standard, the court must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976), construe the pleading in the light most favorable to the plaintiff, and resolve all doubts in the plaintiff's favor. Jenkins v. McKeithen, 395 U.S. 411, 421 (1969).
The Civil Rights Act under which this action was filed provides as follows: Every person who, under color of [state law] . . . subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution . . . shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress.
42 U.S.C. § 1983. The statute requires that there be an actual connection or link between the actions of the defendants and the deprivation alleged to have been suffered by plaintiff. See Monell v. Department of Social Servs., 436 U.S. 658 (1978); Rizzo v. Goode, 423 U.S. 362 (1976). "A person 'subjects' another to the deprivation of a constitutional right, within the meaning of § 1983, if he does an affirmative act, participates in another's affirmative acts or omits to perform an act which he is legally required to do that causes the deprivation of which complaint is made." Johnson v. Duffy, 588 F.2d 740, 743 (9th Cir. 1978).
Moreover, supervisory personnel are generally not liable under § 1983 for the actions of their employees under a theory of respondeat superior and, therefore, when a named defendant holds a supervisorial position, the causal link between him and the claimed constitutional violation must be specifically alleged. See Fayle v. Stapley, 607 F.2d 858, 862 (9th Cir. 1979); Mosher v. Saalfeld, 589 F.2d 438, 441 (9th Cir. 1978). Vague and conclusory allegations concerning the involvement of official personnel in civil rights violations are not sufficient. See Ivey v. Board of Regents, 673 F.2d 266, 268 (9th Cir. 1982).
In the present case, plaintiff has filed a form complaint as well as several letters with the court. In his complaint, plaintiff has identified the "5th Appeal Court" as the sole defendant in this civil rights action. Plaintiff's complaint and letters are difficult to decipher. However, plaintiff appears to be attempting to allege that, in 1998, he was convicted of assault with a deadly weapon other than a firearm. According to plaintiff, the deputy district attorney wanted him sentenced to 16 years in state prison and that a strike be found based on a juvenile conviction of some sort, but that plaintiff's attorney informed the deputy district attorney that the California Court of Appeal had dismissed plaintiff's juvenile case. Ultimately, according to plaintiff, the deputy district attorney agreed to a sentence of seven years without a strike. According to plaintiff, the California Court of Appeal has failed to correct its records because his juvenile case and the strike associated with it continue to appear in the district attorney's computer system. Plaintiff alleges that this error has resulted in the imposition of his current three-strikes sentence of twenty-five years to life in state prison. In terms of relief, plaintiff seeks monetary damages. (Compl. at 5, 8 & Attachs., Pl.'s Letters.)
A civil rights action is the proper mechanism for a prisoner seeking to challenge the conditions of his confinement. Badea v. Cox, 931 F.2d 573, 574 (9th Cir. 1991). In contrast, habeas corpus proceedings are the proper mechanism for a prisoner seeking to challenge the fact or duration of his confinement. Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). Here, plaintiff claims that the state appellate court's conduct resulted in him being sentenced to twenty-five years to life in state prison. However, even if the state appellate court was a proper defendant in this civil rights action, which it is not, plaintiff has not alleged that his current conviction or sentence has been overturned or otherwise invalidated.
Under these circumstances, the court cannot allow plaintiff to proceed in this civil rights action. See Wilkinson v. Dotson, 544 U.S. 74, 81-82 (2005) ("a state prisoner's § 1983 action is barred (absent prior invalidation) - no matter the relief sought (damages or equitable relief), no matter the target of the prisoner's suit (state conduct leading to conviction or internal prison proceedings) - if success in that action would necessarily demonstrate the invalidity of confinement or its duration.") (emphasis in original); Heck v. Humphrey, 512 U.S. 477 (1994) (a state prisoner may not recover damages under § 1983 for allegedly unconstitutional imprisonment, or for any other harm caused by "actions whose unlawfulness would render the imprisonment invalid," unless he can prove that the conviction or other basis for confinement has been reversed on direct appeal, expunged by executive order, declared invalid by a state tribunal authorized to make such a determination, or called into question by a federal court's issuance of a writ of habeas corpus). Although the allegations of plaintiff's complaint are vague and conclusory, the court finds that those allegations necessarily implicate the validity of plaintiff's current confinement. Plaintiff is advised that a writ of habeas corpus is his sole remedy by which to attack in federal court his state court criminal conviction and sentence, and that remedy may be pursued only after he has properly exhausted all of his constitutional claims by properly presenting them to the highest state court.
IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action.
For the reasons set forth above, IT IS HEREBY RECOMMENDED that:
1. Plaintiff's motion to proceed in forma pauperis (Doc. No. 17) be denied;
2. Plaintiff's motion for a thirty-day extension of time to file an in forma pauperis application (Doc. No. 18) be denied as moot; and
3. This action be dismissed without prejudice.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-one days after being served with these findings and recommendations, plaintiff may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Plaintiff is advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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Really lovely pair of converse... nice to have a different finish/upper, as opposed to the usual canvas. Not worn them yet as they are being saved for Christmas, but based on trying them on, they fit as per a standard pair of converse, and are comfortable to walk around in. A definite must have if you like something a bit different
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Enter your best photo that is at least half… ok, mostly yellow.
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Cover Image: PinUp 50s poster by Alf Caruana
On Golden Pond by Garth Smith was voted the most popular entry in this challenge with 12 votes.