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Justia Dockets & Filings Ninth Circuit Arizona District Court Valencia v. Ryan et al Filing 32
Valencia v. Ryan et al
ORDER that Plaintiff's Motion to Grant Plaintiff's Untimely Motion for Leave to File A First Amended Complaint (Doc. 23 ) is denied as moot. The Clerk shall file the documents lodged at Doc. 24 , 25 , and 26 . Plaintiff's Motion f or Leave to File First Amended Complaint (Doc. 24 ) is denied as moot. April Dishman, named as a Defendant in the body of Plaintiff's First Amended Complaint, must be added as a Defendant on the docket. Any official capacity claims against em ployees of Wexford, Corizon, or Trinity are dismissed as duplicative. Defendants Ryan, Wexford, Corizon, Trinity, Dishman, Molina (formerly known as Martin), Hammer, Rojas, and Lewis must answer the First Amended Complaint. Defendant Molina's Motion for Summary Judgment (Doc. 29 ), which seeks judgment in her favor on Plaintiff's Eighth Amendment claim in his initial Complaint, is denied as moot. The Clerk must send Plaintiff this Order, and a copy of the Marshal's Process R eceipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver of Service of Summons form for Defendants Ryan, Wexford, Corizon, Trinity, Dishman, Hammer, Rojas, and Lewis. Plaintiff must complete and return the service packets to the C lerk of Court within 21 days of the date of the filing of this Order. Signed by Judge David G Campbell on 4/24/15. (Attachments: # 1 Service Packet Letter, # 2 Service Packet 1, # 3 Service Packet 2, # 4 Service Packet 3, # 5 Service Packet 4, # 6 Service Packet 5, # 7 Service Packet 6, # 8 Service Packet 7, # 9 Service Packet 8)(LSP)
1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 Gregory Nidez Valencia, Plaintiff, 10 11 ORDER v. 12 No. CV-14-01359-PHX-DGC (JZB) Charles L. Ryan, et al., 13 Defendants. 14 15 Pending before the Court is Plaintiff's Motion to Grant Plaintiff's Untimely 16 Motion for Leave to File a First Amended Complaint. (Doc. 23.) Plaintiff has also 17 lodged a Motion for Leave to File a First Amended Complaint (Doc. 24), his Proposed 18 First Amended Complaint (Doc. 25), and a Verification of his First Amended Complaint 19 (Doc. 26). Also pending before the Court is Defendant Molina's (formerly known as 20 Defendant Martin) Motion for Summary Judgment. (Doc. 29.) 21 The Court will deny Plaintiff's Motion to Grant Plaintiff's Untimely Motion for 22 Leave to File a First Amended Complaint (Doc. 23) and Plaintiff's Motion for Leave to 23 File a First Amended Complaint (Doc. 24) as moot under Rule 15 of the Federal Rules of 24 Civil Procedure. 25 employees of Wexford, Corizon, and Trinity, and order all of the Defendants to answer 26 Plaintiff's remaining Eighth Amendment claims. Finally, the Court will deny Defendant 27 Molina's Motion for Summary Judgment as both moot and premature. 28 The Court will dismiss Plaintiff's official capacity claims against 1 I. Plaintiff's Motions For Leave to Amend 2 On June 18, 2014, Plaintiff, who is confined in the Arizona State Prison Complex- 3 Lewis in Buckeye, Arizona, filed a pro se civil rights Complaint (Doc. 1) pursuant to 42 4 U.S.C. § 1983 and invoked the Court's supplemental jurisdiction over his state law 5 claims. He also filed an Application to Proceed In Forma Pauperis. On July 24, 2014, he 6 filed a second Application to Proceed In Forma Pauperis. (Doc. 5.) On August 4, 2014, 7 he filed a Motion for Preliminary Injunction (Doc. 6) and a Memorandum and a 8 Declaration in support of the Motion. 9 On September 12, 2014, the Court granted Plaintiff's second Application to 10 Proceed in Forma Pauperis, ordered Defendant Molina to answer the Eighth Amendment 11 claim regarding Defendant Molina's denial of a no-nitrate diet for Plaintiff, dismissed 12 without prejudice the remaining claims and Defendants, and denied without prejudice the 13 Motion for a Preliminary Injunction. 14 On September 25, 2014, Plaintiff filed a Motion for Preliminary Injunction, and on 15 October 2, 2014, Plaintiff filed a Motion for Reconsideration. (Docs. 14, 18.) On 16 November 25, 2014, the Court denied Plaintiff's Motion for Preliminary Injunction 17 without prejudice and denied Plaintiff's Motion for Reconsideration. (Doc. 22.) On 18 January 9, 2015, Plaintiff filed his pending Motion to Grant his Untimely Motion for 19 Leave to File a First Amended Complaint. (Doc. 23.) In the Motion, he states that the 20 Court's November 25, 2014 Order required him to file a First Amended Complaint within 21 21 days of that Order. (Doc. 23 at 1.) Plaintiff requests the Court deem his Motion for 22 Leave to Amend as timely filed. 23 The Court's November 25, 2014 Order instructed Plaintiff that if he "wants to 24 amend his Complaint to present additional allegations, he must comply with Rule 15 of 25 the Federal Rules of Civil Procedure and Rule 15.1 of the Local Rules of Civil 26 Procedure." (Doc. 22 at 3 n.1.) 27 provides that "[a] party may amend its pleading once as a matter of course within: (A) 21 28 days after serving it, or (B) . . . 21 days after service of a responsive pleading." Further, Rule 15 of the Federal Rules of Civil Procedure -2- 1 Rule 15.1(b) of the Local Rules of Civil Procedure provides the following: 2 If a party files an amended pleading as a matter of course or with the opposing party's written consent, the amending party must file a separate notice of filing the amended pleading. The notice must attach a copy of the amended pleading that indicates in what respect it differs from the pleading which it amends, by bracketing or striking through the text that was deleted and underlining the text that was added. The amended pleading must not incorporate by reference any part of the preceding pleading, including exhibits. If an amended pleading is filed with the opposing party's written consent, the notice must so certify. 3 4 5 6 7 8 LRCiv 15.1(b). 9 Plaintiff lodged his Motion for Leave to Amend on January 9, 2015, before 10 Defendant Molina filed her Answer to his initial Complaint. (Docs. 24, 25, 28.) Because 11 Plaintiff was within the time permitted to amend his Complaint "as a matter of course" 12 under Rule 15 of the Federal Rules of Civil Procedure, the Court will deny Plaintiff's 13 Motions at Doc. 23 and Doc. 24 as moot. The Court further finds that Plaintiff has 14 substantially complied with Rule 15.1 of the Local Rules of Civil Procedure by 15 sufficiently explaining the additions to his First Amended Complaint. (See Doc. 24.) 16 The Clerk shall file Plaintiff's First Amended Complaint, lodged at Doc. 25, as well as 17 Plaintiff's Verification, lodged at Doc. 26. 18 II. Screening of IFP Complaints 19 The Court is required to screen complaints brought by prisoners seeking relief 20 against a governmental entity or an officer or an employee of a governmental entity. 28 21 U.S.C. § 1915A(a). The Court must dismiss a complaint or portion thereof if a plaintiff 22 has raised claims that are legally frivolous or malicious, that fail to state a claim upon 23 which relief may be granted, or that seek monetary relief from a defendant who is 24 immune from such relief. 28 U.S.C. § 1915A(b)(1)–(2). 25 A pleading must contain a "short and plain statement of the claim showing that the 26 pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2) (emphasis added). While Rule 8 does 27 not demand detailed factual allegations, "it demands more than an unadorned, the 28 defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 556 U.S. 662, 678 -3- 1 (2009). "Threadbare recitals of the elements of a cause of action, supported by mere 2 conclusory statements, do not suffice." Id. 3 "[A] complaint must contain sufficient factual matter, accepted as true, to 'state a 4 claim to relief that is plausible on its face.'" Id. (quoting Bell Atlantic Corp. v. Twombly, 5 550 U.S. 544, 570 (2007)). A claim is plausible "when the plaintiff pleads factual content 6 that allows the court to draw the reasonable inference that the defendant is liable for the 7 misconduct alleged." Id. "Determining whether a complaint states a plausible claim for 8 relief [is] . . . a context-specific task that requires the reviewing court to draw on its 9 judicial experience and common sense." Id. at 679. Thus, although a plaintiff's specific 10 factual allegations may be consistent with a constitutional claim, a court must assess 11 whether there are other "more likely explanations" for a defendant's conduct. Id. at 681. 12 But as the United States Court of Appeals for the Ninth Circuit has instructed, 13 courts must "continue to construe pro se filings liberally." Hebbe v. Pliler, 627 F.3d 338, 14 342 (9th Cir. 2010). A "complaint [filed by a pro se prisoner] 'must be held to less 15 stringent standards than formal pleadings drafted by lawyers.'" Id. (quoting Erickson v. 16 Pardus, 551 U.S. 89, 94 (2007) (per curiam)). 17 III. Plaintiff's First Amended Complaint 18 In his First Amended Complaint, Plaintiff sues nine Defendants in their individual 19 and official capacities: Arizona Department of Corrections (ADOC) Director Charles L. 20 Ryan; Wexford Health Services, Inc. (Wexford); Corizon Health Services, Inc. (Corizon); 21 Trinity Food Services, Inc. (Trinity); ADOC/Trinity Dietitian April Dishman,1 ADOC/ 22 Corizon Nurse Molina; and ADOC/Corizon Facility Health Administrators Linda 23 Hammer, Brenda Rojas, and Cameron Lewis. (See Doc. 25.) 24 Plaintiff alleges violations of the Eighth Amendment prohibition against cruel and 25 unusual punishment regarding his medical care against each Defendant. Plaintiff asserts 26 1 27 28 The Court notes that although Plaintiff presents numerous allegations against "Defendant Dishman," he did not name her as a Defendant in the caption or on Page 2 of his First Amended Complaint. Liberally construing Plaintiff's pleading, however, the Court will construe his First Amended Complaint having named her as a Defendant. The Clerk of Court will be instructed to add her name to the docket. -4- 1 that in June 2012, he developed "a sensitivity to chemical substances," including sodium 2 nitrates, which are found in processed meats served by the ADOC.2 3 characterizes this sensitivity as a "rare neurological condition." 4 he has voluntarily abstained from eating lunch meats because they are the main source of 5 his "aggravation," but alleges that he is still forced to eat the chicken and ground chicken, 6 both of which make him "ill." Plaintiff asserts that ingesting sodium nitrates causes 7 headaches, migraines, dizziness, difficulty concentrating, deficits in short-term memory, 8 chills, fatigue, weakness, arrhythmia, chest pain, muscle cramping, spasms, jolts, minor 9 neurological pain throughout his body, and "parasthesia."3 Plaintiff Plaintiff contends that 10 Plaintiff further alleges that he suffered from "serious muscle cramping and 11 spasms that left him unable to walk or sit-up" on four separate occasions: (1) on October 12 19, 2012, although Plaintiff does not know the cause of that incident; (2) on October 30, 13 2012, after ingesting bologna sandwiches the previous day served by the ADOC; (3) on 14 June 5, 2013, after ingesting primidone (a medication) prescribed by a Corizon Nurse 15 Practitioner; and (4) on June 30, 2013, after ingesting a hamburger the day before served 16 by the ADOC. Plaintiff asserts that on these occasions his "vitals were taken" and tests 17 were run regarding a possible heart attack, but "the hospital" did not address Plaintiff's 18 muscle cramping. 19 Plaintiff contends that on June 18, 2013, a doctor told Plaintiff he may be 20 experiencing sensitivity to sodium nitrates, and the doctor submitted a "no nitrates" diet 21 card for Plaintiff. Plaintiff asserts that a nurse told him on June 21, 2013, that his "no 22 nitrate diet" was denied. 23 24 2 25 Plaintiff also asserts that he developed sensitivities to caffeine, nicotine, artificial sweeteners, and medications. Plaintiff's substantive allegations in his First Amended Complaint, however, relate only to his claim of being forced to consume sodium nitrates. 26 3 27 28 "Paresthesia" is a "burning or prickling sensation that is usually felt in the hands, arms, legs, or feet, but can also occur in other parts of the body. The sensation, which happens without warning, is usually painless and described as tingling or numbness, skin crawling, or itching." National Institute of Health, National Institute of Neurological Disorders and Stroke, Paresthesia Information Page, http://www.ninds.nih.gov/disorders/ paresthesia/paresthesia.htm (last visited April 13, 2015). -5- 1 Plaintiff contends that in accordance with ADOC Department Order (DO) 2 #1101.03, 1.1.1., he submitted a "Health Needs Requests" on May 13, 2012, June 24, 3 2012, October 31, 2012, June 30, 2013, and June 10, 2013, but that "[d]espite being seen 4 on numerous occasions by Wexford and Corizon health care providers, the treatment was 5 insufficient as . . . plaintiff remained undiagnosed, untreated, and still sufer[ing] from [a] 6 neurological aggravation" due to being forced to eat processed meats containing sodium 7 nitrates. Plaintiff asserts that "there is no known medical test(s) to be conducted for a 8 sensitivity to sodium nitrates," but there "may be" an alternative test for neurological 9 sensitivity, which Plaintiff asserts could diagnose his condition. 10 Plaintiff also asserts that he submitted four Informal Complaint Resolutions 11 (ICRs) complaining that he was receiving inadequate treatment for his condition: one on 12 October 21, 2012 to Jim Reinhart; one on June 21, 2013 to CO III Stodley; one on July 2, 13 2013 to Lewis; and one on June 30, 2013 to Hammer. Plaintiff claims that "most of the 14 responses" to his ICRs "were untimely and failed to provide proper medical care." 15 Plaintiff also asserts that he submitted grievances to Lewis on November 29, 2012, 16 June 26, 2013, and June 30, 2013, to Hammer on July 24, 2013, and to Rojas on 17 January 13, 2014, complaining that his serious medical need remained undiagnosed and 18 untreated. But Lewis, Hammer, and Rojas failed to ensure that Plaintiff received medical 19 treatment for his condition, even though they were responsible for doing so in their 20 positions. 21 Plaintiff further asserts that he submitted four grievances to Director Ryan, who is 22 responsible for ensuring that inmates receive sufficient medical care, on May 26, 23 August 1, August 11, and August 26, 2013. Plaintiff asserts that Ryan failed to have 24 Plaintiff examined for neurological sensitivity and replied to his August 1, 2013 medical 25 grievance appeal that "the Department does not have a 'no nitrate diet.'" 26 Additionally, Plaintiff contends that he submitted two letters to Trinity, on June 21 27 and July 18, 2013, regarding Plaintiff's no nitrate diet, but never received a response. 28 Plaintiff contends that Ryan, Trinity, Wexford, Corizon, and Molina all failed to provide -6- 1 Plaintiff with a no nitrate diet. 2 Plaintiff alleges that Ryan, Wexford, Corizon, Lewis, Hammer, and Rojas 3 implemented, created, and/or enforced policies, practices, or customs that prohibit 4 Plaintiff from receiving a neurological sensitivity test and treatment for his medical 5 condition, that limit officials' medical discretionary authority, that are vague, lack clarity, 6 delegate unbridled discretion to defendants, and fail to provide remedial protective 7 measures in response to the harm that resulted from denying Plaintiff medical care. 8 Plaintiff further contends that Ryan, Wexford, Corizon, Trinity, Dishman, and 9 Molina implemented, created, and enforced medical and food service polices, practices, 10 or customs that restrict inmates with Plaintiff's condition from receiving a medically 11 necessary diet (a nitrate free diet), which have caused Plaintiff to suffer permanent 12 damage to his equilibrium and a substantial risk of further permanent harm. Finally, 13 Plaintiff asserts that all Defendants knowingly and intentionally failed to provide him 14 with medical care and were deliberately indifferent to his serious medical need. 15 In his Request for Relief, Plaintiff seeks declaratory and injunctive relief, 16 monetary damages, a jury trial, and his costs of suit. 17 IV. Eighth Amendment Claims 18 Although pro se pleadings are liberally construed, Haines v. Kerner, 404 U.S. 519, 19 520-21 (1972), conclusory and vague allegations will not support a cause of action, Ivey 20 v. Bd. of Regents of the Univ. of Alaska, 673 F.2d 266, 268 (9th Cir. 1982). Further, a 21 liberal interpretation of a civil rights complaint may not supply essential elements of the 22 claim that were not initially pled. Id. 23 a. Official Capacity Eighth Amendment Claims 24 Any official capacity claims Plaintiff may be asserting against employees of 25 Defendants Wexford, Corizon, or Trinity are duplicative because Plaintiff has also sued 26 Defendants Wexford, Corizon, and Trinity. See Monell v. New York City Dep't of Soc. 27 Servs., 436 U.S. 658, 691 n.55 (1978) ("official-capacity suits generally represent only 28 another way of pleading an action against an entity of which an officer is an agent"). -7- 1 Thus, the Court will dismiss as duplicative any official capacity claims against employees 2 of Defendants Wexford, Corizon, or Trinity. 3 As to any official capacity claims Plaintiff may be asserting against ADOC 4 employees, "a suit against a state official in his or her official capacity is not a suit 5 against the official but rather is a suit against the official's office. As such, it is no 6 different from a suit against the State itself." Will v. Michigan Dep't of State Police, 491 7 U.S. 58, 71 (1989) (internal citation omitted). Plaintiff cannot maintain a lawsuit for 8 damages against ADOC employees in their official capacities. See Hafer v. Melo, 502 9 U.S. 21, 27 (1991) ("State officials sued for damages in their official capacity are not 10 'persons' for purposes of the suit because they assume the identity of the government that 11 employs them."); see also Gilbreath v. Cutter Biological, Inc., 931 F.2d 1320, 1327 (9th 12 Cir. 1991) ("[A] state is not a 'person' for purposes of section 1983. Likewise 'arms of 13 the State' such as the Arizona Department of Corrections are not 'persons' under section 14 1983.") (citation omitted). 15 Plaintiff may maintain a lawsuit against ADOC employees in their official 16 capacity for prospective injunctive relief. See Will, 491 U.S. at 71, n.10 ("[A] state 17 official in his or her official capacity, when sued for injunctive relief, would be a person 18 under § 1983 because 'official-capacity actions for prospective relief are not treated as 19 actions against the State.'") (quoting Kentucky v. Graham, 473 U.S. 159, 167, n.14 20 (1985)); see also Flint v. Dennison, 488 F.3d. 816, 825 (9th Cir. 2007) ("[A] suit for 21 prospective injunctive relief provides a narrow, but well-established, exception to 22 Eleventh Amendment immunity."). However, "in an official-capacity suit the entity's 23 'policy or custom' must have played a part in the violation of federal law." Graham, 473 24 U.S. at 166; see also Los Angeles County v. Humphries, 562 U.S. 29, 131 S. Ct. 447, 453- 25 54 (2010) (the "'policy or custom' requirement [in Monell] applies in § 1983 cases 26 irrespective of whether the relief sought is monetary or prospective."). A plaintiff must 27 allege, as a matter of law, that the policy or custom caused him to suffer constitutional 28 injury. Sadoski v. Mosley, 435 F.3d 1076, 1080 (9th Cir. 2006). -8- 1 Plaintiff alleges that all of the individual Defendants were acting pursuant to a 2 specific ADOC policy or custom of not providing medical care and/or a prescribed diet to 3 inmates with Plaintiff's medical condition and that such a policy or custom caused 4 Plaintiff to suffer a constitutional injury. Thus, Plaintiff may proceed on his official 5 capacity claims against ADOC employees for prospective injunctive relief. 6 b. Individual Capacity Eighth Amendment Claims 7 To state a valid claim under § 1983, plaintiffs must allege that they suffered a 8 specific injury as a result of specific conduct of a defendant and show an affirmative link 9 between the injury and the conduct of that defendant. See Rizzo v. Goode, 423 U.S. 362, 10 371-72, 377 (1976). There is no respondeat superior liability under § 1983, and 11 therefore, a defendant's position as the supervisor of persons who allegedly violated 12 Plaintiff's constitutional rights does not impose liability. Monell, 436 U.S. at 691-92; 13 Hamilton v. Endell, 981 F.2d 1062, 1067 (9th Cir. 1992); Taylor v. List, 880 F.2d 1040, 14 1045 (9th Cir. 1989). "Because vicarious liability is inapplicable to Bivens and § 1983 15 suits, a plaintiff must plead that each Government-official defendant, through the 16 official's own individual actions, has violated the Constitution." Iqbal, 556 U.S. at 676. 17 "A plaintiff must allege facts, not simply conclusions, that show that an individual was 18 personally involved in the deprivation of his civil rights." Barren v. Harrington, 152 19 F.3d 1193, 1194 (9th Cir. 1998). Conclusory allegations that a Defendant or group of 20 Defendants has violated a constitutional right are insufficient. 21 Not every claim by a prisoner relating to inadequate medical treatment states a 22 violation of the Eighth or Fourteenth Amendment. To state a § 1983 medical claim, a 23 plaintiff must show (1) a "serious medical need" by demonstrating that failure to treat the 24 condition could result in further significant injury or the unnecessary and wanton 25 infliction of pain, and (2) the defendant's response was deliberately indifferent. Jett v. 26 Penner, 439 F.3d 1091, 1096 (9th Cir. 2006) 27 "Deliberate indifference is a high legal standard." Toguchi v. Chung, 391 F.3d 28 1051, 1060 (9th Cir. 2004). To act with deliberate indifference, a prison official must -9- 1 both know of and disregard an excessive risk to inmate health; "the official must both be 2 aware of facts from which the inference could be drawn that a substantial risk of serious 3 harm exists, and he must also draw the inference." Farmer v. Brennan, 511 U.S. 825, 837 4 (1994). Deliberate indifference in the medical context may be shown by a purposeful act 5 or failure to respond to a prisoner's pain or possible medical need and harm caused by the 6 indifference. Jett, 439 F.3d at 1096. Deliberate indifference may also be shown when a 7 prison official intentionally denies, delays, or interferes with medical treatment or by the 8 way prison doctors respond to the prisoner's medical needs. Estelle, 429 U.S. at 104-05; 9 Jett, 439 F.3d at 1096. 10 Deliberate indifference is a higher standard than negligence or lack of ordinary 11 due care for the prisoner's safety. Farmer, 511 U.S. at 835. "Neither negligence nor 12 gross negligence will constitute deliberate indifference." Clement v. California Dep't of 13 Corr., 220 F. Supp. 2d 1098, 1105 (N.D. Cal. 2002); see also Broughton v. Cutter Labs., 14 622 F.2d 458, 460 (9th Cir. 1980) (mere claims of "indifference," "negligence," or 15 "medical malpractice" do not support a claim under § 1983). "A difference of opinion 16 does not amount to deliberate indifference to [a plaintiff's] serious medical needs." 17 Sanchez v. Vild, 891 F.2d 240, 242 (9th Cir. 1989). A mere delay in medical care, 18 without more, is insufficient to state a claim against prison officials for deliberate 19 indifference. See Shapley v. Nevada Bd. of State Prison Comm'rs, 766 F.2d 404, 407 20 (9th Cir. 1985). The indifference must be substantial. The action must rise to a level of 21 "unnecessary and wanton infliction of pain." Estelle, 429 U.S. at 105. 22 i. Defendants Ryan, Hammer, Rojas, Lewis, Dishman, and Molina 23 The Court finds that Plaintiff has sufficiently stated Eighth Amendment medical 24 claims against Defendants Ryan, Hammer, Rojas, Lewis, Dishman, and Molina. 25 Plaintiff asserts that each of these individuals was aware that Plaintiff's doctor prescribed 26 a "no nitrate" diet and of his need for medical care when he suffered symptoms, and each 27 of these individuals intentionally failed to provide Plaintiff with his prescribed diet or 28 medical care, which Plaintiff alleges caused him injury. Accordingly, the Court will - 10 - 1 require Defendants Ryan, Hammer, Rojas, Lewis, Dishman, and Molina to answer the 2 First Amended Complaint. 3 ii. Defendants Wexford, Corizon, and Trinity 4 To state a claim under § 1983 against a private entity performing a traditional 5 public function, such as providing meals or medical care to prisoners, a plaintiff must 6 allege facts to support that his constitutional rights were violated as a result of a policy, 7 decision, or custom promulgated or endorsed by the private entity. See Tsao v. Desert 8 Palace, Inc., 698 F.3d 1128, 1138-39 (9th Cir. 2012); Buckner v. Toro, 116 F.3d 450, 452 9 (11th Cir. 1997). A plaintiff must allege the specific policy or custom and how it violated 10 his constitutional rights. A private entity is not liable simply because it employed 11 individuals who allegedly violated a plaintiff's constitutional rights. See Tsao, 698 F.3d 12 at 1139. 13 Plaintiff alleges that Wexford and Corizon are liable because, pursuant to their 14 policies and customs, they intentionally failed to provide Plaintiff with treatment for his 15 condition, including medical testing to diagnose Plaintiff's condition and a nitrate free 16 diet. Similarly, Plaintiff asserts that pursuant to its policy or custom, Trinity failed to 17 provide him with a no-nitrate diet, even though it was aware that a doctor prescribed such 18 a diet for Plaintiff. Plaintiff alleges that he has suffered injury due to his lack of medical 19 care and being forced to consume sodium nitrates. Therefore, the Court will also require 20 Wexford, Corizon, and Trinity to answer Plaintiff's First Amended Complaint. 21 V. Warnings 22 a. 23 Plaintiff must file and serve a notice of a change of address in accordance with 24 Rule 83.3(d) of the Local Rules of Civil Procedure. Plaintiff must not include a motion 25 for other relief with a notice of change of address. Failure to comply may result in 26 dismissal of this action. Address Changes 27 b. 28 Because Plaintiff is currently confined in an Arizona Department of Corrections Copies - 11 - 1 unit subject to General Order 14-17, Plaintiff is not required to serve Defendants with a 2 copy of every document he files or to submit an additional copy of every filing for use by 3 the Court, as would ordinarily be required by Federal Rule of Civil Procedure 5 and 4 Local Rule of Civil Procedure 5.4. If Plaintiff is transferred to a unit other than one 5 subject to General Order 14-17, he will be notified of the requirements for service and 6 copies for the Court that are required for inmates whose cases are not subject to General 7 Order 14-17. 8 c. 9 If Plaintiff fails to timely comply with every provision of this Order, including 10 these warnings, the Court may dismiss this action without further notice. See Ferdik v. 11 Bonzelet, 963 F.2d 1258, 1260-61 (9th Cir. 1992) (a district court may dismiss an action 12 for failure to comply with any order of the Court). Possible Dismissal 13 IT IS ORDERED that: 14 (1) The reference to the Magistrate Judge is withdrawn as to Plaintiff's Motion to 15 Grant Plaintiff's Untimely Motion for Leave to File A First Amended Complaint (Doc. 16 23), Plaintiff's Motion for Leave to File First Amended Complaint (Doc. 24), Defendant 17 Molina's Motion for Summary Judgment (Doc. 29), and the screening of Plaintiff's First 18 Amended Complaint. All other matters remain referred to the Magistrate Judge for 19 disposition as appropriate. 20 21 (2) Plaintiff's Motion to Grant Plaintiff's Untimely Motion for Leave to File A First Amended Complaint (Doc. 23) is denied as moot. 22 (3) The Clerk of the Court shall file the documents lodged at Doc. 24, 25, and 26. 23 (4) Plaintiff's Motion for Leave to File First Amended Complaint (Doc. 24) is 24 25 26 27 28 denied as moot. (5) April Dishman, named as a Defendant in the body of Plaintiff's First Amended Complaint, must be added as a Defendant on the docket. (6) Any official capacity claims against employees of Wexford, Corizon, or Trinity are dismissed as duplicative. - 12 - 1 (7) Defendants Ryan, Wexford, Corizon, Trinity, Dishman, Molina (formerly 2 known as Martin), Hammer, Rojas, and Lewis must answer the First Amended 3 Complaint. 4 (8) Defendant Molina's Motion for Summary Judgment (Doc. 29), which seeks 5 judgment in her favor on Plaintiff's Eighth Amendment claim in his initial Complaint, is 6 denied as moot.4 7 (9) The Clerk of Court must send Plaintiff this Order, and a copy of the Marshal's 8 Process Receipt & Return form (USM-285) and Notice of Lawsuit & Request for Waiver 9 of Service of Summons form for Defendants Ryan, Wexford, Corizon, Trinity, Dishman, 10 Hammer, Rojas, and Lewis. 11 (10) Plaintiff must complete5 and return the service packets to the Clerk of Court 12 within 21 days of the date of the filing of this Order for Defendants. The United States 13 Marshal will not provide service of process if Plaintiff fails to comply with this Order. 14 (11) If Plaintiff does not either obtain a waiver of service of the summons or 15 complete service of the Summons and First Amended Complaint on a Defendant within 16 120 days of the filing of the Complaint or within 60 days of the filing of this Order, 17 whichever is later, the action may be dismissed as to each Defendant not served. See 18 Fed.R.Civ.P. 4(m); LRCiv 16.2(b)(2)(B)(i). 19 20 (12) The United States Marshal must retain the Summons, a copy of the First Amended Complaint, and a copy of this Order for future use. 21 (13) The United States Marshal must notify Defendants Ryan, Wexford, Corizon, 22 Trinity, Dishman, Hammer, Rojas, and Lewis of the commencement of this action and 23 24 4 26 In addition, the Court denies Defendant's Motion for Summary Judgment as premature because Plaintiff has not had the opportunity for any discovery. See Jones v. Blanas, 393 F.3d 918, 930 (9th Cir. 2004) (noting that "summary judgment is disfavored where relevant evidence remains to be discovered, particularly in cases involving confined pro se plaintiffs"). 27 5 25 28 If a Defendant is an officer or employee of the Arizona Department of Corrections, Plaintiff must list the address of the specific institution where the officer or employee works. Service cannot be effected on an officer or employee at the Central Office of the Arizona Department of Corrections unless the officer or employee works there. - 13 - 1 request waiver of service of the summons pursuant to Rule 4(d) of the Federal Rules of 2 Civil Procedure. The notice to these Defendants must include a copy of this Order. The 3 Marshal must immediately file signed waivers of service of the summons. If a waiver 4 of service of summons is returned as undeliverable or is not returned by a 5 Defendant within 30 days from the date the request for waiver was sent by the 6 Marshal, the Marshal must: 7 (a) personally serve copies of the Summons, First Amended Complaint, and this 8 Order upon the Defendant pursuant to Rule 4(e)(2) of the Federal Rules of Civil 9 Procedure; and 10 (b) within 10 days after personal service is effected, file the return of service for 11 the Defendant, along with evidence of the attempt to secure a waiver of service of the 12 summons and of the costs subsequently incurred in effecting service upon the Defendant. 13 The costs of service must be enumerated on the return of service form (USM-285) and 14 must include the costs incurred by the Marshal for photocopying additional copies of the 15 Summons, First Amended Complaint, or this Order and for preparing new process receipt 16 and return forms (USM-285), if required. Costs of service will be taxed against the 17 personally served Defendant pursuant to Rule 4(d)(2) of the Federal Rules of Civil 18 Procedure, unless otherwise ordered by the Court. 19 (14) A Defendant who agrees to waive service of the Summons and First 20 Amended Complaint must return the signed waiver forms to the United States 21 Marshal, not the Plaintiff. 22 (15) Defendants must answer the First Amended Complaint or otherwise respond 23 by appropriate motion within the time provided by the applicable provisions of Rule 24 12(a) of the Federal Rules of Civil Procedure. 25 26 27 28 - 14 - 1 (16) Any answer or response must state the specific Defendant by name on whose 2 behalf it is filed. The Court may strike any answer, response, or other motion or paper 3 that does not identify the specific Defendant by name on whose behalf it is filed. 4 Dated this 24th day of April, 2015. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 15 -


Another flashy son by Gawjus Jawge out of a super flashy Maybelline. Jawge puts a great conformation and dispostion on his calves. Maybelline just makes 'em pretty. Boy Jawge will make a great addition to your show team or a little flash in the pasture.


text:
Johann Baptist Dilger (* 24. Februar 1814 in München; † 10. März 1847 ebenda) war ein bayerischer Zeichner und Lithograf.

Dilger studierte ab November 1836 Malerei an der Akademie der Bildenden Künste München. Um die Jahre 1839/1840 war er Mitglied im Kunstverein München und gab Zeichenunterricht. Von 1837 bis 1841 gab er das "Vaterländische Magazin für Belehrung und Unterhaltung" heraus, das in jedem Heft eine eigenhändige Lithographie enthielt. Er gilt als Bildchronist der Biedermeierzeit.

Werke
 Christus am Throne (Lithographie)
 Unsre Liebe Frau von Siege in Paris (Lithographie)
 Burg Hals, Zeichnung und Lithographie ca. 1840
 Veste Coburg, Lithographie um 1835
 Tambach, Lithographie aus dem "Vaterländischen Magazin" 1841

Literatur

 Karl Birkmeyer: Johann Baptist Dilger. Ein vergessener Münchner Maler der Biedermeierzeit. In: Oberbayerisches Archiv. Band 85, 1962, S. 74–84.

Einzelnachweise

Weblinks

Zeichner (Deutschland)
Lithograf (Deutschland)
Maler (München)
Geboren 1814
Gestorben 1847
Mann

redpajama_set_name: RedPajamaWikipedia


NEW YORK (CBS) Amber Heard, an actress who has appeared in "Pineapple Express" and "Zombieland," has announced publicly that she is a lesbian.
Heard, 24, came out of the closet at the GLAAD (Gay and Lesbian Alliance Against Defamation) 25th Anniversary party in Los Angeles Friday. She attended the event with her partner Tasya van Ree, a photographer and artist she's been dating since 2008.
Heard, who will next be seen on screen with Johnny Depp in "The Rum Diary," explained her decision to go public to the website.
"I had to ask myself an important question "Am I part of the problem?" she said. "I think that when millions and millions of hard-working, taxpaying Americans are denied their rights and denied their equality you have to ask yourself what are the factors that are an epidemic problem and that's what this is."
"I personally think that if you deny something or if you hide something you're inadvertently admitting it's wrong," she said, adding, "I don't feel like I'm wrong. I don't feel like millions of people are wrong because they love who they love or they were born how they were born."


There are 5 XING members by the name of Fernando Serra.
There are 8 XING members by the name of Francesc Serra.
There are 8 XING members by the name of Francisco Serra.
There are 5 XING members by the name of Gemma Serra.
There are 5 XING members by the name of Isabel Serra.
There are 7 XING members by the name of Jaime Serra.
There are 8 XING members by the name of Jaume Serra.
There are 12 XING members by the name of Javier Serra.
There are 15 XING members by the name of Joan Serra.
There are 29 XING members by the name of Jordi Serra.
There are 9 XING members by the name of Jorge Serra.
There are 12 XING members by the name of Jose Serra.
There are 14 XING members by the name of Josep Serra.
There are 5 XING members by the name of Jose Antonio Serra.
There are 5 XING members by the name of Jose Luis Serra.
There are 5 XING members by the name of Jose Maria Serra.


text:
Kathryn Bernardo Cried From So Much Kilig At Daniel Padilla's Concert
He was so sweet!
by Maan D'Asis Pamaran | Oct 14, 2018
PHOTO: Facebook/Ogie Narvaez Rodriguez
You could say that yesterday, October 13, was filled with romance for Kathryn Bernardo. Earlier in the day, she attended the wedding ceremony of her stylist Kimi Yap, and when night fell, she was at Daniel Padilla's D4 concert, held at the Araneta Coliseum.
The venue was packed with screaming fans who sang along to Daniel's repertoire, which was composed of pop hits from the '60s to the '80s. Most of his numbers have an emotional connection to his loved ones: the Modern English hit "Melt With You" is his dad's favorite; the Orange and Lemons song "Heaven Knows" is Kathryn's mom's.
One segment of the concert was dedicated to KathNiel theme songs like "Nothing Can Stop Us Now," "I'll Never Love This Way Again," "Can't Help Falling in Love," and "Kahit Maputi na ang Buhok Ko"—all showing the evolution of the reel-then-real-life couple.
All throughout the concert, Kathryn was laughing, singing along, and cheering until Daniel, who sat at the edge of the stage facing her, serenaded her with the Billy Joel song "Just The Way You Are." She got so emotional that she began tearing up!
Fans couldn't help screaming from the kilig, because these two are just the sweetest.
kathryn bernardo,
daniel padilla,

redpajama_set_name: RedPajamaCommonCrawl


Fox News pundit Tomi Lahren is getting the John Kelly treatment after defending the White House Chief of Staff's racist remarks this weekend. And it turns out her family background is much like Kelly's: immigrants who came to America and refused to "assimilate," yet produced a family of successful Americans.
On Saturday Lahren took to Fox News and echoed Kelly's comments.
"You don't just come into this country with low skills, low education, not understanding the language and come into our country because someone says it makes them feel nice. That's not what this country is based on," she insisted.
These people," Lahren told Fox News host Jesse Watters, "need to understand that it's a privilege to be an American and it's a privilege that you work toward – its not a right," she claimed, despite not having to work toward becoming an American, and apparently neither did her ancestors, according to journalist Jennifer Mendelsohn.
And now she's doing the same with Lahren's family tree, and, unsurprisingly, it looks a lot like John Kelly's.


text:
'I Am a Faithful Defender of Life': Guatemala's President Prohibits Planned Parenthood from Operating in the Country
Milton Quintanilla | Contributor for ChristianHeadlines.com | Monday, November 9, 2020
#Planned Parenthood
#prolife
#Guatemala
Last week, the President of Guatemala issued a statement after Guatemala's Interior Ministry rescinded a previous agreement that would have allowed Planned Parenthood to operate in the country.
"I recognize life from its conception, and therefore, in my government, I will not tolerate any movement that violates what is provided in our political Constitution of the Republic, that goes against the values with which I was raised and that conflicts with my principles as [a] doctor," Guatemalan President Dr. Alejandro Giammattei said on Monday in a statement.
"I am a faithful defender of life and I am empathetic in stating that I will not endorse in my government the creation, registration, or start-up of any organization that goes against life."
SOY UN FIEL DEFENSOR DE LA VIDA y soy enfático en indicar que no avalaré en mi Gobierno la creación, inscripción o puesta en marcha de cualquier organización que vaya en contra de la vida.
— Alejandro Giammattei (@DrGiammattei) November 2, 2020
Following the president's statement, Interior Minister Oliverio García Rodas resigned from his position. Rodas was the one who initially approved the agreement between Guatemala and Planned Parenthood.
According to CBN News, Giammattei explained that Rodas quit "due to the error he had committed and considering that it was strongly opposed."
Francis Masek, the president's press secretary, told Vice News that Giammetti was unaware of the proposed agreement and had no prior participation in it.
"It was not until the publication of the NGO's authorization that the president became aware of the error of authorizing an organization whose social aim is to attack the right to life, which, among other things, the state of Guatemala must safeguard," Masek said.
The Family Matters Association of Guatemala thanked Giammetti for reversing course and praised him "for his firm statement" defending life and protecting "the lives of Guatemalans from conception."
According to current Guatemalan law, abortion is forbidden except in particular cases, such as when the mother is at risk of a life-threatening emergency.
The third article of the Guatemalan Constitution explains that the country "safeguards and protects human life from conception."
According to the Guatemala 2018 International Freedom Report, 45 percent of the Guatemalan population profess to be Catholic while 42 percent is Protestant.
Additionally, around 11 percent do not hold to any religious affiliation at all.
Photo courtesy: Wikimedia Commons/Creative Commons/Carlos Sebastián
Milton Quintanilla is a freelance writer and content creator. He is a contributing writer for Christian Headlines and the host of the For Your Soul Podcast, a podcast devoted to sound doctrine and biblical truth. He holds a Masters of Divinity from Alliance Theological Seminary.


Food shortages are stretching Chad on both sides of the country. To the west, it's hosting refugees from Nigeria. To the east, thousands of Sudanese are in camps, after fleeing the troubles in Darfur. They're largely overlooked. But it's in those camps that malnutrition is the worst. CGTN's Peninah Karibe has the story.


Have you been wondering if George Washington is related to you, what about Christopher Columbus, maybe even John Wilkes Booth? Well, with a little help from Ancestral Quest, you might just find out.
Check out this video tutorial on how to get started using Ancestral Quest. You can create your own family tree, make scrapbooks, and document your sources. This genealogy software application for Windows makes it easy, and fun. This is the only video you'll need to get started tracing your roots.


text:
Our Policy on Quality
History of Antioch
Historical Background;
Antioch Commodity Exchange was initially founded in 1968,
with the purpose of regulating the trades of agricultural crops and animal products by bringing buyers and vendors together and thereby, performing checks on withholdings, solving problems raised by members and establishing and proclaiming daily prices.
ACE Headquarters is located in a private building, which consists of three storeys excluding the ground floor and all transactions are performed on the first and second floors. ACE mainly handles registrations of products of animal origin, in addition to cotton, wheat, corn, olive oil and hesperidia. ACE has achieved a transaction volume of TL 2,900,000, as of 2010.
ACE has been the founder of Mustafa Kemal University Foundation located in the city where it is based and as part of the material and moral support that it extends to the university, has sponsored projects on building construction of a dorm for male students with a capacity of 320 beds, improvement of the university's in-house lab facility and the deployment of a fully equipped surgical ward inside the university's hospital facility. It has realised the project constructions of 2 schools including the Antioch Commodity Exchange Elementary School and TOBB Elementary School, each with 16 classrooms, in addition to procurement and supply, and installation of central heating systems in numerous schools as well as computer and chemistry labs. It has contributed to the establishment of the Thalassemia Centre of Antioch State Hospital, while performing the reconstruction and refurbishment of the Pediatric Service at Antioch Obstetric Hospital and construction and furnishing of the refectory building belonging to the State Hospital in Kirikhan.
As known, Cilvegozu Customs Area, where Cilvegozu Directorate of Customs and Customs Enforcement operates, was renovated completely to gain a contemporary look and functionality and subsequently opened for public service on the 15th of September 2007, pursuant to a memorandum of agreement that was signed between the aforesaid Directrate and TOBB Tourism and Customs Facilities Inc. under a build-operate-transfer scheme. The Yayladagi border crossing, which was made eligible for allowing the passage of heavy vehicles by some post-construction add-on works undertaken by the Union of Chambers and Commodity Exchanges of Turkey, along with the Cilvegozu border crossing, is among the major cross-border entry and exit points of the Country with daily increasing traffic volumes, attributable to improving and diversifying goods-supply agreements with Syria, directed against this land spot, which has significant worth not only for traders but also for world-wide travellers as a major destination, and so for the national economy.
Last year, we finalised a Project on Employment and Entrepreneurship within the Scope of Promoting, Developing and Branding of Cultural Assets in Hatay, an endeavour undertaken and fulfilled with joint financial support of the Council of the European Union and the Government of Turkish Republic, within the framework of Active Employment Measures Grant Scheme of the Central Finances and Contracts Unit, which was monitored and supervised by ISKUR and performed by the Antioch Commodity Exchange in partnership with Mustafa Kemal University, representing the largest project of Turkey both in terms of grant limits allowed and of content, tolling £ 359 M.
Our Objective with this Project is to introduce and promote both at national and international levels the noteworthy natural beauties of Turkey in general and Hatay in particular, promote and raise global awareness on historical, cultural and touristic riches and strengthen the position of this land segment, as a brand. For the purpose, the target groups chosen for the project included women who have been idled for prolonged periods of time due to housekeeping and home-care needs back at home or who have provided labour force to the agricultural industry before and people living in urban environs without a job and not as member of the active work force. Within the scope of the project, 120 willing participants from among the prescribed folk were taken to training and education on Mosaics, Silk Weaving, Local Dishes, Olive Oil and Laurel Soap production, as well as Entrepreneurship and Marketing and were rewarded by a certification ceremony at completion of their studies.
ACE has set up laboratory facilities for analyses and studies involving Foodstuffs, Cotton, Vegetable Oils, Fatty Seeds, Soil, Leaf and Water, with the sole purpose of supporting the producers, tradesmen and exporters of the city. It has now become a periodical routine to organise and hold public instructions within the premises of Cotton Exchange for the training of Gin Masters in cooperation with the Provincial Directorate of Agriculture and for certain other specialisations in cooperation with the DTS Group Management. These periodic instructions result entail to creation of well trained, experienced and certified labour for the industry.
Authorisation procedures of Soil, Leaf and Water Analysis Labs which have been serving the community as part of ACE have been finalised, to earn them the right torissue valid reports of analysis relating farmers to render them eligible for State support allowances granted to those farmers having registered with the system within the framework of the Public Ordinance of 2009 on Authorisation and Auditing of Soil and Plant Analysis Laboratory Facilities as published in the Official Journal of April 14th 2009, Release 27200, especially covering payments to support farmers in supplying for their diesel oil, chemical fertilizer and soil analysis related demands as per the ministerial decree numbered 2009/14851, and, subsequently been subjected to audit reviews and attested for statutory authorisation by the duly commissioned delegations of the Ministry of Agriculture and Rural Affairs, whereby, they were recognised as legitimate, authoritative bodies.
ACE Borsamız 08.03.1950 tarih ve 5590 sayılı kanun ve buna bağlı 08.01.1988 tarih ve 88.12497 sayılı tüzük çerçevesinde 1968 yılında görevine başlamış 18.05.2004 tarih 5174 sayılı kanun çerçevesinde borsaya dahil maddelerin alım satımı ve borsada oluşan fiyatlarının tespit, tescil ve ilanı görevlerini yerine getirmektedir.
DNN Skins created with Artisteer.


text:
<resources>
    <string name="app_name">SolBB</string>
    <string name="title_activity_login">Sign in</string>

    <!-- Strings related to login -->
    <string name="prompt_email">Email</string>
    <string name="prompt_password">Password</string>
    <string name="action_sign_in">Sign in</string>
    <string name="error_invalid_email">This email address is invalid</string>
    <string name="error_invalid_password">This password is too short</string>
    <string name="error_incorrect_password">This password is incorrect</string>
    <string name="error_field_required">This field is required</string>
    <string name="permission_rationale">"Contacts permissions are needed for providing email
        completions."
    </string>
    <string name="write_permission_rationale">"Write permissions are needed for saving epub files."</string>
    <string name="story_list_name">Story List</string>
    <string name="load_button_string">Select cover image</string>
    <string name="story_id_string">Story ID</string>
    <string name="saveCreds">Save Credentials</string>
    <string name="tiger_eye_logo_description">Tiger Eye Logo</string>
    <string name="prompt_story_id">Enter story ID</string>
    <string name="story_id_requested">Please enter a story ID</string>
    <string name="error_bookcreation_failed">There was an error creating your ebook</string>

</resources>

redpajama_set_name: RedPajamaGithub


The SEAWL is a community based, not-for-profit organisation providing temporary shelter for lost and abandoned animals across the South East.
Through the hard work of our dedicated staff and volunteers, the SEAWL aims to provide lost, stray or ill-treated dogs and cats with a second chance at a safe and happy home.
Though the SEAWL receives some financial support from local councils, it continues to rely on the support of generous community members and local organisations.
The SEAWL is an independent organisation and is not affiliated with the Animal Welfare League of South Australia (AWL).
The SEAWL was founded in 1972 through the hard work of a group of South East animals lovers who saw a need to provide local care for lost and abandoned dogs and cats.
Originally, animals were kept at private homes until temporary kennels where built at a Yahl premises in 1974.
Moving to its current Riddoch Highway premise in 1976, over the past 40 years the shelter has expanded to include a dedicated cattery, dog shelter and dog runs.
Today the SEAWL continues to care for the most vulnerable members of our community and is currently developing plans to update its premises.
For more information about the redevelopment and how you can help click here.


Click/tap here to find the best Middletown, New York professional photographer for your needs!
SAME DAY PHOTOS - Will shoot photos, edit and print photos at the studio.
We provide business headshots, passport photos, hesdshots for models and actors.
We also provide open photo booth service, camera and backdrop.
At Mariana Feely Photography is were you can find everything you need to make the session of your dreams a reality. Our family photography sessions are custom-designed with your families personalities in mind and they can take place at any location that is special to you. We provide heirloom pieces so that you can enjoy these memories and freeze them in time.
Our Wedding Collections provide everything you need for your day and we also take a very personal approach to you.
Skinner Photography. Portfolio website for Bob Skinner and Carin Liljedahl-Skinner. Professional Freelance Photographers specializing in Architectural & Interior Photography, Fine Art, Weddings and Events.
Award winning Hudson Valley NY Photographer Autumn Thomes specializes in newborn baby maternity portraits in a modern, pure and timeless style. Autumn Photography is a full service studio, concentrating on customer service and heirloom quality products to be passed down for generations.
Autumn started her business in 2005 after working for other photographers for several years. She is well versed in both natural light and external studio lighting both indoors and outdoors. She is fantastic at engaging children and anticipating authentic and candid moments. Autumn has been nicknamed "The Baby Whisperer" by many new parents.
Elegant images photography was established in 2001.
Most of our packages include two photographers, full day coverage, with all rights to reprint. We have many packages to accommodate all budgets. Custom designed albums are available.
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We are a wedding and portrait studio.
With many years experience Gabriel Espinosa, the "Photo Llama," has that "get the shot discreetly" mentality that our clients rely on.
AND JUST ABOUT EVERYTHING POSSIBLE!


Ah, Black Tower; it came in those ultra-classy ceramic bottles sporting heraldic imagery that simply reeked of finesse. Well, that's what we thought in our twenties anyway. Germany's biggest-selling wine export, Black Tower has these days reinvented and upgraded itself, converting to glass and putting out a range of single varietal styles, among them Rivaner, Riesling, Rosé and Pinots Grigio and Noir.
We also have in store their alcohol reduced range, 5.5% abv and 55 calories per 125ml; just the thing, then, for the modern-era, health-conscious approach to life.


In Kernersville NC, you can ask a reputable vinyl siding contractor about why you should install this material or replace your current siding with it. If you currently have masonite siding, shingles, clapboard, or any type of exterior that is wood-based, check out a few advantages of deciding to replace vinyl siding. These are also great to keep in mind if you already have vinyl siding that has aged or was not installed properly. Your local vinyl siding expert can show you reasons why you should go vinyl.
A wide array of colors to choose from.
Vinyl siding adds inherent value to your home, think of it as an investment.
It is easily applied on top of any surface you have.
Aids in weatherproofing your home.
Easy customizable, with a large array of trim colors available.
Vinyl siding will not blister, stain or peel.
Vinyl siding never needs to be scraped or painted.
After you have chosen to install or replace vinyl siding for your home, be prepared to be amazed. Your home will have a beautiful look right down to the minor details. All door and window openings will be wrapped with aluminum trim that either matches or complements your vinyl siding choice.
Triad Installations is a trusted vinyl siding contractor in Kernersville and Greensboro. Call them now and get a free estimate and learn about client-friendly options they have to offer.
Durability: Adding or replacing vinyl siding on your home leaves you with a surface that is second only to brick and stone. A vinyl panel is now impervious to damage and holds its color much longer. Many manufacturers will offer a lifetime warranty on vinyl siding.
Simple installation: Vinyl panels come in standardized shapes and sizes, which makes installation easy. However, having it installed by a qualified Charlotte siding professional will ensure it is done correctly, and that it will last for many years.
Affordability: As a covering, vinyl is normally much less costly than other products you could choose. Furthermore, you will save money with a reduced maintenance and installation cost.
Color options: There are tons of colors to choose from. This will not only beautify the exterior of your home, but will save you future costs had you painted your old wood-based siding.
Home value increase: Nearly one-third of all newly-built homes in the Charlotte area, and throughout the U.S. now feature freshly installed vinyl siding. Adding or replacing vinyl siding adds to your home's durability and longevity, and therefore increase the resale value of the home.
Home protection: Vinyl siding on your home envelops your living space inside a waterproof barrier. It will protect your home from ice, heavy rain, wind, etc. It also does not retain moisture like typical wood siding will, leaving your home rot and mildew free.
Vinyl also passes the strictest certification standards and is environmentally friendly. The reasons could go on forever. Now is the time to add or replace vinyl siding, call a professional Charlotte installer today.


Entry for graduates into this occupation is difficult and initial income is low in relation to the high cost of training. Although experienced commercial pilots command high incomes and have good job opportunities, the work is demanding.
There are two main groups in this occupation: fixed-wing aircraft and helicopter pilots who fly and navigate aircraft; and flying instructors who instruct students in flying aircraft. Both require extensive training.
The Civil Aviation Authority (CAA) requires these occupations to hold particular aviation licences.
pass an English Language Proficiency test.
Helicopter pilots require additional study on topics such as the principles of helicopter flight.
A variety of flight training organisations offer training as a pilot or instructor. These are outlined on the Careers New Zealand website. Massey University also offers flight training as part of a university undergraduate degree under a special Equivalence Approval from CAA.
There was an decrease in the number of students who completed aircraft operation qualifications in 2016.
In 2017, the average income for pilots was estimated to be $113,500.
A pilot's income varies greatly depending on their experience; from about $40,000 a year for entry-level domestic first officers to over $300,000 for captains on international flights.
For helicopter pilots, income ranges from $40,000 to $100,000.
A flying instructor's income varies depending on their qualifications and experience; from a C-Category flying instructor who can expect to earn about $28,000 to $30,000 a year, to A-Category instructors who can earn about $60,000 to $80,000, and possibly up to $100,000 after many years of work.
Many flight instructors are employed on casual and part-time contracts or are paid only for 'flight hours'. This can lead to them being paid much less than $28,000 a year.
Employment of pilots increased by 1.6% from 2006 to 2013. Employment growth for the air and marine transport professionals is expected to continue at 1.0% each year until 2020, but fall by 0.5% from then out to 2026.
The employment outlook for experienced airline and helicopter pilots is good, but entry is difficult and initial income is low in relation to the cost of training. Many pilots leave to work overseas, creating domestic opportunities for pilots. In addition, the workforce is ageing and retirement rates are likely to increase.
Three years after completing a diploma in aerospace engineering and technology, most graduates were in employment or overseas, with a few in further study. The median salary was around $40,000 three years after graduating.
Pilots are not on Immigration New Zealand's skill shortage lists.
Pilot vacancies are advertised through public media such as the Trade Me Jobs and Seek websites.
Pilot roles require a substantial investment in education and training.
Entry-level pilot jobs earn modest incomes but there are high rewards and opportunities for experienced pilots. You need to greatly enjoy flying to progress and succeed in this work. Normally, airline pilots begin their career as flight instructors.
People with commercial pilot licences take at least three years to progress to operational flying roles in major companies. In the interim they build up hours flying for smaller operations or instructing other pilots.
Qualified pilots can work as scenic pilots, or as flying instructors (on the same type of planes learned on). Additional hours and/or qualifications are needed to fly a helicopter, or as an agricultural pilot, or to fly bigger types of aircraft such as turboprops or jet-engine planes.
The following occupations are related roles or alternative titles. Some of the roles may require a higher level of skill than entry-level pilots.
More information on pilots is available on the Careers New Zealand website.


Answer: A: Why have I not received my 100 NMX?
Answer: A: My proof of address does not have my name on it, what should I do?
Answer: A: Will my account get verified if my documents are not in English?
Answer: A: How do I verify my account?
Answer: A: Does NuMoney sell Bitcoin wallets?
Answer: A: I have not received my 2FA code SMS, why?


Your family is growing and so do their needs. More space, an extra bedroom, built in robe or a walk-in-robe, and another ensuite to the master bedroom would be very handy and improve the overall value of your home.
Laggner Constructions can help you here. We've done it many times before over our 25 year history. We're able to change the dynamics of the bedroom structure and add an ensuite or another toilet space easily by juggling around the walls and roof structure in your existing home.
The options for an ensuite are endless........ Want a new spa bath? Do you have a wall niche? Do you go fully framed or a frameless shower screen? The type of mirror? Your choice of floor and wall tiling? Standard or a concealed cistern toilet? The design of tap ware? Overall design and functionality of the ensuite? There are many questions that need answering and we are here to help you with the answers. You'll need to guide us with what you desire so we can make your dream a reality. Call your Canberra bathroom renovation specialists.


text:
Call for free Welsh lessons for refugees
16 Sep 2020 3 minute read
Pro-refugee protest. Picture by Haeferl (CC BY-SA 3.0).
A Welsh language campaign group have called for free lessons for refugees.
Last year Wales' Government announced that asylum seekers would be allowed to attend Welsh language lessons free of charge. Now language campaigners are calling for this scheme to be extended to also include refugees.
Cymdeithas yr Iaith are also calling for the Government to set up a fund to provide free internet access for refugees and asylum seekers so that they are able to attend online Welsh classes while social distancing rules remain in place.
A large number of refugees do not have regular access to the internet, and the Home Office does not provide wi-fi in refugee housing, they said.
Joseff Gnagbo, International Officer for language Cymdeithas yr Iaith, said that asylum seekers and refugees faced many of the same problems and injustices.
"The decision to provide free Welsh language lessons to the former, but not the latter, was always an arbitrary one," he said.
"The Welsh Government has a policy of making Wales a Nation of Sanctuary – however, it appears at times that these are merely empty words. This is an opportunity for the Government to put flesh on the bones, to implement its stated principles of inclusivity and fairness, and to ensure that everyone, regardless of background, has access to the language."
'Mixed'
A new voluntary partnership was set up last year between the Adult Learning Wales, the Welsh Refugee Council and Cymdeithas yr Iaith, that provides access to SaySomethinginWelsh lessons free of charge for refugees and asylum seekers.
The success of this scheme, according to Joseff, proves that "there isn't any reason why the Government shouldn't give refugees the right to attend the free-of-charge Welsh lessons that are run by the National Centre for Learning Welsh."
According to Cymdeithas yr Iaith, the Government's record on this is mixed: although the Government did announce the policy of free Welsh lessons for asylum seekers last year, the Minister for the Welsh Language, Eluned Morgan, wrote to Cymdeithas yr Iaith in 2018, saying: "We do not want the system [of Welsh language lesson fees] to discriminate between any specific groups of learners."
But with Government policy having evolved since then, the language campaigning group hopes to see further developments in the right direction.
'Positive'
Mabli Siriol, Chair of Cymdeithas yr Iaith's Education Group, said that refugees, such as Joseff, had inspired people across the country to learn and help raise people's confidence in their language skills.
"Offering Welsh lessons free of charge to refugees would be an important way of including them in our society and realising the vision of making Wales a nation of sanctuary," she said.
"We're also calling on the Government to make internet access available to all refugees and asylum seekers so that they are able to access Welsh lessons online (with face-to-face lessons currently being unavailable due to Covid-19).
"Cymdeithas yr Iaith have called for all parties to adopt our vision of Welsh Language Citizenship for All before next year's elections, so that the language can be extended to include groups that are currently excluded from it.
"Ensuring that refugees and asylum seekers have access to Welsh lessons free of charge would be a positive step towards realising this vision."


text:
Q: .NET Core - Static classes, run from everywhere but still need DI and Entity Framework Let me start by giving some code examples that are very common, very useful and used A LOT throughout the (web) application:
int? contactId = InfrastructureHelper.User.GetContactId()
int[] departmentIds = InfrastructureHelper.GetAuhthorizedDepartmentIds()
bool allowed = InfrastructureHelper.User.IsAllowedInPortal()
InfrastructureHelper.User.GetUserLanguage();
Just a few of some most used methods I call during the application life cycle.
While this all seems very cool and useful, it creates problem when used with Entity Framework and in a heavily async web application. Before in .NET Framework and with everything being synchronous (oh boy, those times), this was no problem. But now I am starting to see the problems and I need a solution.
Solution desires:

*

*Static if possible, to avoid injecting a class everywhere

*It caches data for doing (additional) authorization checks (departments, controller-based authorization on top of the default role based authorization).

*Thread-safe, because that's of course the problem now, I get the exception below here:

System.InvalidOperationException: 'A second operation started on this context before a previous operation completed. This is usually caused by different threads using the same instance of DbContext, however instance members are not guaranteed to be thread safe. This could also be caused by a nested query being evaluated on the client, if this is the case rewrite the query avoiding nested invocations.'

So I understand how to use DI and the different possibilities, I have seen other questions that ask a similar question but the solution is working around the fact that I need a instance of Entity Framework injected.
InfrastructureHelper holds a bunch of static members and 2 important interfaces, ICurrentSession and ICurrentUser. These interfaces are implemented differently per web application within the solution. The implementations are not static but do contain static members to cache some more data. ICurrentSession is not the problem here, that implementation of just injects IHttpContextAccessor. But CurrentPortalUser that implements ICurrentUser does inject repositories, let's give some code to read:
public class CurrentPortalUser : ICurrentUser
{
    private readonly IUserRepository _userRepository;
    private readonly IControllerActionRepository _controllerActionRepository;
    private readonly IDepartmentRepository _departmentRepository;
    private static List<DepartmentModel> _allDepartments = new List<DepartmentModel>();
    private static List<RoleModel> _allRoles = new List<RoleModel>();
    private static List<ControllerActionModel> _allControllerActionRoles = new List<ControllerActionModel>();
    /// <summary>
    /// Simpler version of _allControllerActionRoles, Key: actionNamespace, Value: roleIds;
    /// </summary>
    private static Dictionary<string, string[]> _allControllerActionRoleIds = new Dictionary<string, string[]>();

    /// <summary>
    /// Key: CountryId, Value: DepartmentId
    /// </summary>
    private static Dictionary<int, int> _departmentCountryList = new Dictionary<int, int>();

    private readonly IHttpContextAccessor _httpContextAccessor;
    public CurrentPortalUser(IHttpContextAccessor httpContextAccessor, IUserRepository userRepository, IControllerActionRepository controllerActionRepository, IDepartmentRepository departmentRepository)
    {
        _httpContextAccessor = httpContextAccessor;
        _userRepository = userRepository;
        _controllerActionRepository = controllerActionRepository;
        _departmentRepository = departmentRepository;
    }

    public void ReloadDepartmentAndRoleData()
    {
        _allDepartments = _departmentRepository.GetAll().ToList();
        int[] departmentIds = _allDepartments.Select(x => x.DepartmentId).ToArray();
        List<DepartmentCountryModel> allDepartmentCountries = _departmentRepository.GetDepartmentOperatingCountries(departmentIds);
        _departmentCountryList = allWarehouseCountries.ToDictionary(x => x.CountryId, y => y.DepartmentId);

        //load role and controller configuration, basically tells me what role is allowed to execute what controller action within the web app.
        _allRoles = _userRepository.GetRoles().ToList();
        _allControllerActionRoles = _controllerActionRepository.GetAllWithRoles().ToList();
        _allControllerActionRoleIds = _allControllerActionRoles.ToDictionary(x => x.NameSpace.ToLower(), y => y.Roles.Select(z => z.RoleId).ToArray());

    }

    public List<DepartmentModel> GetAllowedDepartments()
    {
        if (!_allDepartments.Any())//store in memory, just like we are going to store all roles in memory
        {
            ReloadDepartmentAndRoleData();
        }
        if (!_allRoles.Any())
        {
            //load role and controller configuration
            ReloadDepartmentAndRoleData();
        }
        if (IsInRole(RoleEnum.SuperAdmin))
        {
            return _allDepartments;
        }
        List<DepartmentModel> allowedDepartments = new List<DepartmentModel>();
        foreach (DepartmentModel department in _allDepartments)
        {
            if (IsInRole(department.Name))
            {
                allowedDepartments.Add(department);
            }
        }
        return allowedDepartments;
    }

    public string GetUserId()
    {
        if (_httpContextAccessor.HttpContext.User.Identity.IsAuthenticated)
        {
            return _httpContextAccessor.HttpContext.User.FindFirst(ClaimTypes.Name)?.Value;
        }
        return null;
    }

    public int? GetContactId()
    {
        int? contactId = null;
        if (_httpContextAccessor.HttpContext.User.Identity.IsAuthenticated)
        {
            contactId = _userRepository.GetContactId(GetUserId());
        }
        return contactId;
    }
}

There is more to it, it basically comes down to obtain some data, if it's cached then get it from cache, else get it from the database and cache it or put it into session.
So now comes the part where I show you awful code which I am a bit embarrassed for :).
public stattic class InfrastructureHelper
{
    //..more static members that are heavily used here, but these one are a bit-less depended on a database, as long as data can be obtained from IcurrentUser

    public static ICurrentUser User
    {
        get
        {
            return _container.GetInstance<ICurrentUser>();
        }
    }

    //yup..that's static...
    private static ISimpleContainer _container;
    //this method is used via the Startup class, so only once
    public static void Initialize(ISimpleContainer container)
    {
        _container = container;
    }
}

//Since I don't have Asp.Net references in the project of InfrastructureHelper, I use a simple interface that of course does the same as the normal container
public interface ISimpleContainer
{
    TService GetInstance<TService>() where TService : class;
}

Last but not least, the registration of ICurrentUser is Transient (within Startup class)
services.AddTransient<ICurrentSession, CurrentPortalSession>();
services.AddTransient<ICurrentUser, CurrentPortalUser>();

I get the reported exception at InfrastructureHelper.User.GetContactId(), because during or after login, it is used a lot at the same time. I could try to avoid that some requests are being executed at the same time or build a lock around that, but that just doesn't feel right.
Looking forward to your responses! Sorry of this is a very much of an anti-pattern, it's a piece of old code that has been easily copied to a new asp.net core environment without rechecking things because it's usability is so great :).
Update
So as per the comments, I was looking for a way to successfully inject the InfrastructureHelper everywhere. But when I try to inject this into every repository (make it part of the BaseRepository), then of course a circular  dependency will be detected: ICurrentUser is depended on some repositories, and every repository is depended on InfrastructureHelper(and thus ICurrentUser).

redpajama_set_name: RedPajamaStackExchange


Recently, researchers have achieved something rather shocking.
Experts were able to accurately assume a Facebook user's race, IQ, sexuality, substance use and political views using only their 'likes'.
What came out from the research is that users on Facebook unintentionally reveal personal information including their sexual orientation, drug use and political beliefs.
"But what is shocking is that you can use the same data to predict your political views or your sexual orientation," he added.
Based on the 58,000 Facebook users behaviour, analysts were able to predict whether men were homosexual with 88% accuracy by their likes of Facebook pages, even if those users had not explicitly shared their sexuality on the site. Fewer than 5% of the homosexual participants in the study clicked obvious Likes, such as "Gay Marriage".
Furthermore, the results are considered 75% accurate for predicting drug use among Facebook users, analyzing only public "like" updates. The findings will flare up concerns once again over how much companies and governments know about internet users through their online habits.
Online sites such as Facebook should be forced by regulation to inform users that deeply private information may be gleaned about them using the same technology that recommends films and music, he added.
The findings come shortly after Facebook announced a partnership with four of the world's biggest data brokers aimed at improving targeted advertising on the site. The move means Facebook can target ads to its users based on their online and offline activity, including their location and high street shopping habits.
Facebook has not made any comments on the research findings yet.


text:
The CW Expanding to 7 Nights (!), Adding Saturday Programs This Fall
By Matt Webb Mitovich / May 13 2021, 3:00 PM PDT
Courtesy of The CW
More than three years after adding Sunday fare to its slate, The CW is going for the full "seven-nights-a-week," by programming primetime Saturday as well.
2021 Broadcast-TV Renewal Scorecard
Effective with the upcoming 2021-22 TV season, The CW will expand its primetime schedule to include Saturday, it was announced this afternoon by network CEO Mark Pedowitz. As such, The CW this fall will offer 14 hours of primetime programming each week (airing Monday through Sunday, from 8 to 10 pm ET).
The move not only adds to The CW's linear viewing options, but in turn bolsters the amount of programming that will be available after broadcast each week on the network's streaming platforms.
The CW will kick off its first Saturday night of primetime programming on October 2, with Night 1 of the iHeartRadio Music Festival. (Night 2 will follow on Sunday, October 3.) The network's regularly scheduled Saturday line-up will be announced at a later date — perhaps as early as at the May 25 Upfront presentation.
"Becoming a seven-night-a-week network has been a long-standing goal for everyone here at The CW," Rob Tuck, EVP of National Sales, said in a statement, "and in an extremely tight broadcast environment, the ability to expand our primetime by two more hours each week is a dynamic shift that will be gladly welcomed by our clients and the agencies. Following the recent industry trend which has seen considerable contraction on a linear basis, The CW will buck that trend this season by adding a new night of original programming, creating new opportunities for us going forward."
What do you think about The CW's big move? Which regularly scheduled shows do you think(/fear) will christen this new night?
TAGS: The CW
GET MORE: Scheduling News


She loves (and sings like) Barbara Streisand, she's a brilliant woman and amazing actress.
Oh, and she was born my same day, month and year.
Or continue reading below her feet-portraits!
She's the italian actress Chiara Francini playing a diva in an amazing photo shoot in Milan. I was there to interview her, of course.
While waiting for a beauty session at Dolce&Gabbana counter, I meet Mario Teli, a photographer who wills to play with shoes (Voile Blanche), bags (Paul Smith) and pictures (Polaroid).
The Polaroids are Mario Teli's, the iPhone snapshots are mine.
Piove, e quando piove è meglio riparare in un negozio a fare shopping.
Questa sono io da SpigaDue con un abito giallo di Msgm e delle super platform di Dolce & Gabbana.
It rains, and when it does better for you to find a cozy cool and warm place and do some shopping.
That's me @SpigaDue wearing a yellow gown by Msgm and a uber-platform by Dolce & Gabbana.


for all Herbaceous Perennials up to £11.99 retail.
Late summer and early autumn is a magical time in the garden. Whilst earlier flowering perennials are a happy memory, there are a surprising number of herbaceous plants that are at the height of their beauty at this time.
"Top of the tree" has to be Japanese Anemones. Tough and reliable, they will return year after year to give height and colour. There are some lovely varieties about. 'September Charm' is a beautiful single pink, which is complemented well with the single white flowers of 'Honorine Jobert'. Double flowered forms are also available, with 'Whirlwind' probably being the favourite among customers. This year during September we aim to have as many varieties as possible for you to choose from.
Schizostylis or Kaffir Lilly is perhaps less well known, but is a real gem. The beautiful flowers appear from the evergreen sword-like leaves throughout autumn. Crimson, White and Pink varieties are all available.
Asters are an old favourite for late season colour. Modern hybrids such as the Island Series are compact, floriferous and healthy. They will clump up quickly to produce a beautiful display year in, year out with little fuss.
Sedums are as loved by bees, as they are by us. If you want to do one thing to provide a late source of nectar in your garden, then plant a sedum. Their fleshy leaves make them very drought tolerant and extremely low maintenance. One hint to make them flower later is to give them the 'Chelsea Chop'. Simply give the plant a hair-cut in the week of the Chelsea Flower Show and this will make it regrow shorter, bushier and later flowering!
Hardier varieties of Dahlia like deep red 'Bishop of Llandaff' look stunning at this time of year. Penstemons and Rudbeckia will still be strutting their stuff and can be planted in combination with grasses which are also looking their best at this time.
As Shakespeare famously said, "Summer's lease hath all too short a date". This is especially true with our fantastic autumn herbaceous offer, Buy 3 for £20 in September - October. Offer valid on all Herbaceous Perennials up to £11.99 retail.
So make the most of every moment in your garden and let summer slip into autumn with good cheer!


text:
© 2023 by Jessica Priston. Proudly created with Wix.com
Andrew and Peter
Lately, I've been watching a few videos from a source called Ascension Presents. They're a Catholic organization, but most of their videos are ecumenical. They deliver great messages in a fun, easy-to-understand sort of way. Father Mike Schmitz is their main video-maker; he's a young priest. The most recent video I watched was on evangelism. The entire video is great, but there was one story that grabbed me.
Father Mike's dad, had, in the course of thirty years as an adult Catholic, invited hundreds of people to go to Mass with him.
"None of them ever came with me," he said to Father Mike one day. "In all the years I invited people, no one came."
"But dad, you invited me to Mass." Father Mike said. As a result of his father instilling a deep faith into him at a young age, Mike went on to become Father Mike, and invite hundreds of people to Mass. All of the people he invited to Mass came with him, and he was able to minister to hundreds of others through his platform as a priest.
If his father would never have brought him to Mass, where would all of those people be? His father had actually brought hundreds of people to Mass through bringing his son, Mike, to Mass with him first.
Later in the video, Father Mike relates this story to the Peter and Andrew, asking: Are you Peter, or are you Andrew?
Andrew is often called the "first evangelist" -- he introduced his brother, Peter, to Christ. We don't hear much about Andrew after that. Peter is the name that we hear over and over again. Peter went on to become a great leader of the early church, and was the beloved disciple. But without Andrew, there would've been no "disciple Peter."
Where would we be as a church without Andrew?
Looking at history in general, we begin to see hundreds of "Andrew-like" stories popping up. One that I always think of is about Thomas Edison. I mean, have you ever thought about Edison's mother? She made the biggest contribution to electricity of anyone.
What about you? Are you Andrew, or Peter? We may never be able to answer that question for ourselves. And we may never want to answer it.
We can't do this whole "life" thing alone. At some point, we are all Andrew and Peter; we are both Edison and his mother. Be grateful for those who inspire and serve you; look for ways to serve and inspire others.
You never know who you, or they, might become.


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