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One of Dr Tim Chang's major interests is developing and improving minimally invasive surgery techniques for all aspects of gynaecological surgery and fertility. He is keen to advance knowledge and expertise in these areas to improve his patients' chances of successful treatment. Tim is an advocate of evidence based medicine and tailoring that to the individual patient's needs and expectations, providing patient focused care.
Tim studied medicine at The University of Sydney and is a Fellow of the Royal Australian and New Zealand College of Gynaecologists. He trained at various facilities including Liverpool Hospital, Gosford Hospital, Westmead Hospital and Royal North Shore Hospital.
He is a Fertility Specialist at Genea Liverpool and is also a Gynaecologist and Endoscopic Surgeon who has worked in private practice in the Campbelltown area for more than 10 years. His practice is located in Campbelltown exclusively to serve the patients of the area.
Tim has visiting rights at Macarthur Health Services and Campbelltown Private Hospital. As a Visiting Medical Officer and Gynaecologist, Tim performs gynaecological surgery including advanced laparoscopic and hysteroscopic surgery for all aspects of infertility as well as supervising registrars.
One of Tim's professional goals is to teach and pass on his skills in gynaecology and obstetrics to the next generation of clinicians. He has extensive endoscopic/laparoscopic experience having completed advanced courses and been a faculty member of many endoscopy workshops and currently runs laparoscopic workshops to teach other gynaecologists minimal invasive surgery. He regularly presents at national and local conferences and has been the lead author of several papers published in peer-reviewed publications.
Tim is a member of the Australian Gynaecological Endoscopy Society, American Association of Gynecologic Laparoscopists and Australian Medical Association.


text:
Q: Mongoose sort and get non repeated values im new in all NodeJS/MongoDB/Mongoose tecnologies, and im trying to get non repeated values from an array, and im sorting the data by two values; location and created_at.
This is the code
Temperature.find().sort({'location': -1,'created_at': -1}).exec(function(err, results){
  res.json(results);
});

How can i get the first non repeated value from the array?
This is the array:
[ {
    temperature: '24',
    humidity: '15',
    location: 'Camara4',
    created_at: 2017-01-24T21:40:21.552Z
   },
  {
    temperature: '23',
    humidity: '15',
    location: 'Camara4',
    created_at: 2017-01-24T01:18:26.328Z
     },
  {
    temperature: '15',
    humidity: '12',
    location: 'Camara3',
    created_at: 2017-01-26T18:53:34.447Z,
     },
  {
    temperature: '36',
    humidity: '11',
    location: 'Camara3',
    created_at: 2017-01-24T21:41:07.094Z,
    },
  {
    temperature: '35',
    humidity: '11',
    location: 'Camara3',
    created_at: 2017-01-24T21:41:03.092Z,
   }
]

and i expect:
[ {
    temperature: '24',
    humidity: '15',
    location: 'Camara4',
    created_at: 2017-01-24T21:40:21.552Z
   },
  {
    temperature: '15',
    humidity: '12',
    location: 'Camara3',
    created_at: 2017-01-26T18:53:34.447Z,
    },
]

A: You'll need to use aggregation framework.
$group on location key with $first operator to pick the first value from the sorted order in each group.
Temperature.aggregate({
    "$sort": {
        'location': -1,
        'created_at': -1
    }
}, {
    $group: {
        "_id": "$location",
        "result": {
            "$first": "$$ROOT"
        }
    }
}).exec(function(err, results) {
    res.json(results);
});

Output:
{
        "_id" : "Camara4",
        "result" : {
                "temperature" : "24",
                "humidity" : "15",
                "location" : "Camara4",
                "created_at" : ISODate("2017-01-24T21:40:21.552Z")
        }
}
{
        "_id" : "Camara3",
        "result" : {
                "temperature" : "15",
                "humidity" : "12",
                "location" : "Camara3",
                "created_at" : ISODate("2017-01-26T18:53:34.447Z")
        }
}

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text:
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text:
Mervin Block
Television Newswriting Workshop
Reasonable Reaction to Broadcast Thank-yous: No Thanks
'Bermuda Triangle' Kept Alive by Broadcasters
Network Anchors Entangled in 'Bermuda Triangle'
When 'Breaking News' Is Neither Breaking Nor News
ABC's David Muir Not Intimidated by Facts
ABC Anchor David Muir Caught in Two Tall Tales
ABC's David Muir Likes to Ing, but Ing Lacks Zing
How WNBC Anchor Covered Crime Spree
CNN Broadcast: Worse Than Wrong
CNN's Wolf Blitzer: Broken News
Lester Holt's Scripts: True and False
When Stars Lester Holt and David Muir Don't Shine
NBC's Lester Holt: His Write Stuff Is Often Wrong
When 'Breaking Overnight' Was Broken
How Lester Holt Gives News a Jolt
Holt, Williams Tamper with Clock, Time After Time
How NBC Newscasters Turn Day into Night
Scott Pelley's 'Breaking Story' Breaks Up
TV Consultant Tells Clients to Make News Sound Urgent
Diane Sawyer and Her Word Games
Anchors', Reporters' Use of 'Confirmed' Questionable
CBS's Scott Pelley: Wearing Two Hats Can Cause Headaches
When a Hit Is Amiss
CNN: When Bad Things Happen to a Sad Story
Brian Williams Outruns the Learning Curve
Anchors, Reporters Plagued by Learning Problems
CNN Anchor Likes Astrologer, Astrology and Astrologizing
ABC's David Muir: A Man of Learning
Diane Sawyer: When Words Fail Her
When Hype Is Tripe
ABC's Muir Seems to Think Using 'Tonight' Works Muiracles
ABC News Anchor Tampers with Clock and Calendar
When 'Now' is Not Now on ABC's 'World News'
Brian Williams: Lack of Copy Editor Causes Problems
For Want of a Nail—And an Editor
CNN: Blitzer Cries Wolf
Are You Ready for the Big Time, Say, '60 Minutes'?
Test Your Newswriting I.Q. Against Networkers' I.Q.
CNN: 'Keeping Them Honest'
CNN Fobbing Off Old News As New
When A Network Script Should Be Scrapped
Former NBC News Writer Slams Brian Williams's Scripts
Brian Williams: History-Maker
When 'Breaking News' Needs a Brake
How Brian Williams Beats The Clock
Archive of 2007 and prior columns
CBS Producer Says My Article About Evening News Had Errors
Couric: When 'Exclusive' News is Not Exclusive–And Not Even News
CNN's Paula Zahn: Perky, But…
Anderson Cooper's 'Keeping Them Honest' Raises Questions
Chicago News Producer Hunts Down Clichés
Brian Williams: "Nightly" Problems
Autopsy of an Anderson Cooper Script
"All Eyes Are On…": Broadcast Writing Clichés
'60 Minutes' Story About Singer Hits False Note
'60 Minutes' Keeps on Ticking, But Its Writing Takes a Licking
'More Violence to Report' — and More Weak Ways Not to Report
A Look at BBC's New Stylebook
A Hard Look Finds a Weak Network Script Fading to Blah
Breakfast with Andy Rooney
Better Than a Post-Mortem: A Thorough Pre-Mortem
Newswriting Columns
Mistakes Are Bad News
Error Alert: Wrong Words Slip Into Network Newscasts
When Bad Scripts Happen to Good Newscasts
Résumés That Can't Get to First Base: They Strike Out Even Before Getting to Bat
Networks' Mistakes May Make You a Better Writer
Who Was Taking a Snooze on the Evening News?
Newscasters Caught in a Blunder-Storm
Half-true is False
Why a Workshop?
A Broadcaster's Book List
Quotable Block
Meet Merv Block
Block's Extra Ears and Eyes—His Readers—Sound Off
The managing editor of the "CBS Evening News" needs to keep a sharper eye on the scripts broadcast by the anchor, Scott Pelley. But Pelley is the managing editor. Unfortunately, Pelley the anchor slips many faulty scripts past Pelley the editor and puts them on the air.
A newsman recently wrote, "Pelley says he personally edits every script in his broadcast." And the newsman quoted Pelley as saying, "There is no part of the broadcast that doesn't go through my hands."
The interviewer was Tom Crabtree of WSPA-TV, a long-time newsman at the CBS affiliate in Spartanburg, South Carolina. His article is posted at the station's website.
Let's look at some scripts that Pelley–the two and only– broadcast:
"It's not quite the fountain of youth, but researchers tell us tonight they have found new clues to the aging process." (Nov. 3, 2011.) Tell us tonight? The previous day, Nov. 2, The New York Times published a long article about the mice. Neither Pelley nor the CBS medical correspondent credited the Mayo Clinic. The Times did. So did the article posted by cbsnews.com at 10:42 a.m., Nov. 3, eight hours before Pelley said researchers "tell us tonight."
Pelley had another problem on the "Evening News": "In a practical sense, what is a doctor and a patient supposed to do with this information?" (Nov. 1, 2011.) Is? Should be are.
When not anchoring, Pelley is a correspondent on CBS's "60 Minutes," where he also had trouble with subject-verb agreement. "There's almost a thousand agents representing N-F-L players…." (Oct. 9, 2011.) Correct: There are. Better: "Almost a thousand agents represent N-F-L players."
Both Pelley the anchor and Pelley the managing editor slipped up again on the "Evening News": "That begs the question: can the airport be fined under the passenger bill of rights?" (Oct. 31, 2011.) Begs the question doesn't mean "raises the question." A grammarian at The New York Times reminds us that it means "to use an argument that assumes as proved the very thing one is trying to prove." Which is why editors beg their reporters not to misuse "beg the question."
"The district attorney in Orange County, California, said today he will seek the death penalty in yesterday's mass shooting at a beauty salon." (Oct. 14, 2011.) But it wasn't yesterday; it was two days before.
"Drama at the manslaughter trial against Michael Jackson's doctor." ( Oct. 31, 2011.) Trials aren't held against anyone. It's the trial of.
"There was news in Libya today." (June 7, 2011.) Isn't there news from Libya every day? Go ahead and report the news instead of eating up time announcing your newscast has news?
After a correspondent delivered a report from Libya, Pelley said delightedly, "Original reporting. Barry Petersen, thank you." (Sept. 1, 2011.) Isn't original reporting routine? Pelley had never mentioned original reporting before on the air, and he hasn't mentioned it since. Does that mean Pelley's "Evening News" never before carried original reporting?
When Pelley moved into the anchor chair in June, CBS advertised: "What if you can have the world class original reporting of '60 Minutes' every weeknight? Well, now you can." CBS didn't talk up original reporting again until August when it released a video that boasted that CBS invented original reporting. But David Shedden, library director of the Poynter Institute, quickly said, "No one person or network invented original reporting on TV."
Pelley: "There's news tonight on a story that Sharyl Attkisson broke on this broadcast." (June 15, 2011.) News about a story? Besides, starting a story with "there is" or "there are" is usually not good. (There are exceptions.) Is and its various forms—are, were, was, has been, will be are linking verbs—so they don't express any action.
Pelley again: "Good evening. Herman Cain, the front runner for the Republican presidential nomination, could not have been more clear about it. [Oh, no?] He said, quote, I have never sexually harassed anyone. Endquote."
Pelley violated a no-no by saying "quote" and "endquote." The first news director of CBS, Paul White, wrote in "News on the Air," a book published in 1947, "Remember, that since the word 'quote' is foreign to the ear as far as ordinary conversation is concerned, it probably always is disturbing to the listener." In the same year, Burton Hotaling wrote in "A Manual of Radio News Writing," "Thoughtless use of such hackneyed terms as 'quote' and 'endquote' tend to interrupt the listener's thought." In 1948, Mitchell Charnley wrote in "News by Radio," "Such phrases as "and I quote" and "end quote" are…shunned by skillful writers." R. H. MacDonald said in his "Broadcast Manual of Style" (1994), the use of quote and unquote is "a holdover from the ancient days of sending news by telegraph when the sending operator wanted to be certain the receiving end knew the limits of the quoted material." There are various ways to avoid quote and unquote: "as she put it," "in her words," "as he called it." Robert Papper says in his "Broadcast News Writing Stylebook," "Few statements are so strong that we need to quote them." And the AP's 1972 Broadcast News Style Book said using direct quotation in stories is "lazy writing."
More Pelley: "It now looks like the United States will not default for the first time in its history." (Aug. 1, 2011.) Whatever else that ambiguous sentence may say, it does say that for the first time, the U.S. will apparently avoid default.
"How some people are living in their homes for free, next." (Pelley, June 29, 2011.) For free is a solecism. Free = at no cost. No need for for.
More misusage: "Casiano tried to convince the villagers to come to a meeting…." (Oct. 4, 2011.) Convince should be followed by that or of; persuade is followed by to.
"This story is amazing. A court case in southern India has led to an astounding discovery." (July 5, 2011.) Journalism 101: Don't characterize news as good or bad, amazing or astounding, shocking or disturbing; just tell the story.
On the same newscast, Pelley said, "News today of an astounding public school cheating scandal." Astounding? Cheating scandals are abounding. But on June 12, he used astounding in two sentences in a row. In his "60 Minutes" story about "The King's Speech," Pelley said, "Wow, what an astounding thing. What an astounding thing."
Gaining fast in frequency on the "Evening News" is incredible. After the medical correspondent delivered the report about mice and the aging process, Pelley said: "Jon, thank you very much. Incredible." (Nov. 3, 2011.)
Major has also become a major word in Pelley's newscast. He used major twice on Aug. 18, 2011, and three correspondents also used it. Even an interviewee used it. When everything is major, nothing is major.
Then there's Pelley's we-we problem. Apparently he doesn't want to seem self-centered, so instead of saying I, he says we: "With the economy struggling, we were surprised today when we were booking flights for the holidays. Some of the prices we were getting seemed to have climbed so high so fast that we asked Anna Werner to find out what's going on with the airlines." (Oct. 12, 2011.) Four we's. Whee! Mark Twain said, "Only kings, presidents, editors, and people with tapeworms have the right to use the editorial 'we.'"
"The speech happened over the weekend." (June 21, 2011.) Speeches don't happen. Accidents happen. Speeches take place.
Someone (perhaps Pelley) let Pelley down twice in one short sentence: "He pled guilty to a minor misdemeanor." ("60 Minutes," August 21, 2011.) The past tense of plead is pleaded, not pled. Minor misdemeanor is redundant; a misdemeanor is a minor offense.
The m.e. of the "Evening News" let the anchor down another time:
"The economy is hitting young Americans especially hard, according to the Census Bureau today." ("Evening News"), Sept. 22, 2011.
In broadcast newswriting, when attribution is needed, attribution precedes assertion. Good broadcast newswriters know that attribution is never tacked on the end of a sentence, which is print style. "Television News Writing", a 1958 book by the staff of CBS News, said, "…always say who before you say what someone said or did…The viewer is entitled to know the authority for a statement or action first so that he can gauge what importance to attach to it as the newscaster relates it."
Pelley also has a weakness for strained and stretched transitions between stories: "…the T-S-A says that starting this week, children under 12 won't be subjected to patdowns as often as they have been, and they will no longer be required to remove their shoes." Next, "We wondered whether the candidates were going to be throwing shoes at the Republican presidential debate last night." (Sep. 13, 2011.)
As Yogi Berra never said, "You can hear a lot just by listening."
© Mervin Block 2011


And I fell ill… 20. March 2018 – tulen loobin su katusele kive!
I had a mild headache in the morning but didn't think much of it and went to work. However, I started feeling gradually worse during my commute to work, so I had a terrible headache, dizziness and cold shivers when I got to work. Such a bummer. This is the worst timing ever, right before my vacation next week. Ugh.
I took a taxi home and spent most of the day sleeping.
Very late breakfast around 4pm: nettle rye bread with butter and ham and lukewarm coffee that was left over from morning. Since I felt so sick in the morning I didn't manage to drink my coffee then and I really didn't have the energy to make a new pot.
We ordered in dinner, because in no way was I going to manage to cook. I had some rice and super spicy kimchi stew from Gotsu, Kyuho's Kitchen. The spices warmed me up nicely.
A few pieces of this peanut butter oreo chocolate. I didn't like this very much, which is weird, because how can you go wrong with chocolate and peanut butter?


When we memorialize Ariel, we not only remember the past, we imagine a future that might have been.
Had he lived, Ariel would be in the prime of his life.
We imagine him, married to a lovely and modest young woman, perhaps with several of the six daughters he wished for, all named for the Jewish expressions of joy: Gilah, Rena, Ditzah, Chedvah, Reah, Shalom, and Reut.
Always sensitive to the needs of others, but immersed in learning Torah, Ariel was pursuing a degree in Special Education. But he aspired for more and tormented himself at the age of twenty pondering a choice of career, even when in the throes of critical illness.
Ariel never doubted that he would survive. He sincerely believed that his biggest challenge was finding his life's path. The physical challenges were incidental compared to the task of learning, and spiritual growth.
Ariel raised our family to a higher level of holiness. He inspired his sisters with his sweet humility and kindness which guided them in choosing their husbands, men he would embrace as brothers.
We feel diminished by his loss, for he was a beacon illuminating our family with a special light. From the time Ariel was born, we always said, "Ariel is special." We will continue to declare it every day, and especially on the day of his memorial lecture.
Contrary to all logic, as time passes, our memories of Ariel have become more vivid. The images of every stage of his life are easier to evoke in all nuance and detail.
This is a mixed blessing since it intensifies our longing for his smile, his steadfastness, his intelligence and kindness. Yet the enrichment of memory strengthens his role in our family as a luminous spirit, guiding us in the corporeal world.
His goodness, his Torah scholarship and modest piety are a constant reminder of what we should all strive for in our lives.
Indeed, Ariel's absence has been transformed into a deeply felt presence.


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text:
Letter Bugs – Let's Talk About Hex, Baby…
As I've noted in other recent features as of late, I've been delighting in deals on Bronze Age comics that have allowed me to flash back into comics history, and one thing I always check out in those decades-old back issues are the letters columns. While we still see the occasional letter-col in modern comics, those missives printed in the backs of pre-Internet publications strike me as being a little more special, given it requires greater effort and even a little expense for readers to offer feedback to comics editors.
Another reason I love perusing those old-school letter-cols is the names one finds occasionally at the bottoms of those letters. Case in point: the letter-col from Jonah Hex #63, published April 1982 (though cover dated August 1982)…
The first letter in that issue's letter-col (titled Via Pony Express) came from a source that will be familiar to many comics readers.
Terry Beatty refers to Ms. Tree, a private-eye character he co-created with crime writer Max Allan Collins — a character that would eventually make the leap from small-press publisher Eclipse Comics to DC Comics, ironically enough. Collins and Beatty brought her to Ms. Tree Quarterly under the DC banner for eight issues from 1990-92.
Of course, Beatty is probably best known in comics as the co-creator (along with Collins again) of Wild Dog, who was revived recently in Cave Carson Has a Cybernetic Eye (part of DC's Young Animal imprint) and who's been adapted for the small screen as a vigilante pupil of Green Arrow on Arrow, airing on the CW.
Beatty is now the writer/artist on the long-running, syndicated "Rex Morgan, M.D." comic strip, and he's also an acknowledged authority on comic art. He rails on Facebook against fake comic art, often exposing poor forgeries listed on eBay. It's interesting to note that in the above letter (commenting on material from Jonah Hex #59) that even in the Bronze Age of comics, he was setting the record straight about and in pop-culture history in the early days of his career. Also, one has to give credit to letter-col editor Nellie Rooke (whom I assume was an assistant editor on the title) for including the correction and allowing Beatty to set the record straight.
Follow Eye on Comics on Facebook or on Twitter.
September 3, 2018 Don MacPherson
Quick Critiques – Sept. 6, 2018 → ← Monster-al Cycle
One thought on "Letter Bugs – Let's Talk About Hex, Baby…"
Hah! I remembered that I'd written a letter to Jonah Hex that'd been published — but I didn't recall playing Mr. Know-It-All in the thing. Well, heck, it was all to give a well deserved plug to Jaxon — whose books I still recommend. I'll forgive my younger overly enthusiastic self.


Urban Development and Housing Department is responsible for development of Urban Sector of Rajasthan. At present Sh. Shrichand Kriplani is Hon'ble minister of Dept. and Sh. Mukesh Kumar Sharma (IAS), is Additional Chief Secretary of this department.
Urban Development and Housing Department is responsible for development of Urban Sector of Rajasthan. At present Sh. Shanti Kumar Dhariwal is Hon'ble Minister and Sh. Rajat Kumar Mishra (IAS), is Principal Secretary of this department.


Illem, etikett, protokoll (Hungarian Edition) [István Sille] on *FREE* shipping on qualifying offers. Buy Illem, etikett, protokoll by István Sille (ISBN: ) from Amazon's Book Store. Everyday low prices and free delivery on eligible orders. Illem, etikett, protokoll. Budapest: Akadémiai Kiadó. Simon, Viktória (). Modern kódkeveredés: az internetes nyelvhasználat hatásai fiatalok írásbeli.
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On February 4, 2011, Administrative Law Judge Timothy D. Wing issued the attached recommended decision. Neither party filed exceptions to the decision.
Having reviewed the entire record, I have decided to adopt the ALJ's ruling, findings of fact, conclusions of law (except as explained below), and recommended order. Accordingly, Respondent's application for a registration will be granted subject to a condition.
In his discussion of factor three--Respondent's "conviction record under Federal or State laws relating to the manufacture, distribution, or dispensing of controlled substances," 21 U.S.C. 823(f)--the ALJ found that she had pled guilty to a felony count of obtaining a narcotic drug by means of a forged prescription in violation of Cal. Health & Safety Code Sec. 11368. ALJ at 15-16.\1\ However, pursuant to Cal. Penal Code Sec. 1000.1, Respondent was allowed to participate in the deferred entry of judgment program, GX 10, and upon her successful completion of treatment, her guilty plea was set aside and the charge was dismissed. GX 11.
Noting that California law provides that "[a] defendant's plea of guilty pursuant to this chapter shall not constitute a conviction for any purpose unless a judgment of guilty is entered pursuant to" Cal Penal Code Sec. 1000.3, and that Agency precedent holds that a deferred adjudication is nonetheless a conviction for purposes of the CSA, the ALJ explained that "the fact that a finding of guilt was specifically not entered as to Respondent and the charges dismissed, leaves open the question as to whether Respondent's plea constitutes a conviction under 21 U.S.C. 823(f)." ALJ at 17. The ALJ deemed it unnecessary to reach the issue, however, reasoning that the offense committed by Respondent "does not 'relate to the manufacture, distribution, or dispensing of controlled substances,' the standard embraced in" 21 U.S.C. 823(f)(3). Id. (citing Super-Rite Drugs, 56 FR 46014 (1995)).
Contrary to the ALJ's understanding, the Agency has long since resolved both issues. In Edson W. Redard, 65 FR 30616 (2000), a practitioner, who was charged with three felony counts of obtaining and attempting to obtain hydrocodone by fraud under California law, pled nolo contendere to a single count and was allowed to participate in the State's deferred entry of judgment program (the same statutory scheme at issue here), which he successfully completed. Id. at 30617-18. Thereupon, the state court granted deferred entry of judgment and the charges were dismissed. Id. at 30618.
Thereafter, the Agency proposed the revocation of the practitioner's registration on the ground that he had been convicted of a felony offense relating to controlled substances under state or Federal law. Id. (citing 21 U.S.C. 824(a)(2)). In opposition, the practitioner argued that he had not been "convicted of a felony offense [because] no judgment was entered against him and the criminal proceedings were dismissed." Id.
The Agency rejected the practitioner's argument, explaining that "there is still a 'conviction' within the meaning of the Controlled Substances Act even if the proceedings are later dismissed. * * * [A]ny other interpretation would mean that the conviction could only be considered between its date and the date of its subsequent dismissal." Id. (int. quotations omitted). The Agency thus held that the practitioner had "been convicted of a felony relating to controlled substances" and that this was ground to revoke his registration under 21 U.S.C. 824(a)(2). Id.
In Harlan J. Borcherding, 60 FR 28796 (1995), a practitioner who had been indicted under Texas law on three counts of prescribing a controlled substance "without a valid medical purpose," was allowed to plead guilty to a single misdemeanor count and was placed on probation; following the practitioner's completion of his probation, the proceeding was dismissed without an adjudication of guilt. Id. at 28797. While the practitioner argued "that he had not been 'convicted' of any offense within the meaning of 21 U.S.C. 823(f)(3)," the Agency rejected the argument, holding that "[t]he law is well settled that a DEA registrant may be found to have been 'convicted' within the meaning of the Controlled Substances Act, despite a deferred adjudication of guilt." Id. (citations omitted).
More recently, in Pamela Monterosso, 73 FR 11146, 11148 (2008), a case in which an applicant pled guilty to a state law controlled substance offense but was granted probation before judgment and the charge was dismissed, I explained that "DEA has long taken the view that even when a court withholds adjudication and ultimately dismisses the charge after the completion of probation, the proceeding is still a conviction within the meaning of the Controlled Substances Act." See also Thomas G. Easter II, 69 FR 5579, 5580-81 (2004) ("DEA has consistently held that a deferred adjudication of guilt following a guilty plea, is a conviction within the meaning of the Controlled Substances Act."); Clinton D. Nutt, 55 FR 30992 (1990); Eric A. Baum, 53 FR 47272 (1988); Stanley Granet Rosen, 50 FR 46844 (1985).
Moreover, the Superior Court form evidencing Respondent's guilty plea includes the "Court's Finding And Order." GX 9, at 3. This section of the form concludes by stating: "The Court accepts the defendant's plea and admissions, and the defendant is convicted thereby." Id. For purposes of the CSA, including whether this action must be disclosed on an application for registration and whether it provides ground to deny an application or revoke a registration, see 21 U.S.C. 824(a)(1) & (2), Respondent's plea and the Superior Court's finding constitutes a conviction notwithstanding that her plea was eventually set aside and the charge dismissed.
\2\ It is acknowledged that there are a number of older cases which held that convictions for the offense of simple possession of a controlled substance could be considered under factor three. However, in Alvin Darby, 75 FR 26993, 27000 (2009), I explained that a conviction for simple possession does not fall within factor three. However, as I also noted in Darby, such a conviction can be considered under factor five. Id.
Most significantly, in several cases, the Agency has held that the offense of obtaining controlled substances by using fraudulent prescriptions constitutes an offense related to the manufacture, distribution, or dispensing of controlled substances within the meaning of factor three. See Redard, 65 FR at 30619 (practitioner obtained controlled substances by issuing fraudulent prescriptions); Ronald D. Springel, 62 FR 67092, 67094 (1997) (holding that conviction for federal offense "of obtaining a controlled substance by fraud" was actionable under factor three); Rick's Pharmacy, Inc., 62 FR 42595, 42597 (1997) (same); Ronald Phillips, 61 FR 15304, 15305-06 (1996) (same). Forging a prescription to obtain a controlled substance clearly relates to the "distribution or dispensing of controlled substances," 21 U.S.C. 823(f)(3), whether the practitioner wrote the prescriptions on her own pad, or, as here, stole prescriptions from another practitioner's pad.
However, aside from the ALJ's analysis of factor three, I agree with the ALJ's findings as to the remaining factors. Moreover, I agree with the ALJ that Respondent has "credibly" accepted responsibility for her misconduct and that she has put forward compelling and unrebutted evidence of her rehabilitation, thus demonstrating that "she will not engage in future misconduct." ALJ at 22. Because there is no evidence that Respondent harmed others or diverted the drugs she illegally obtained, and this episode is, in essence, a first offense, I conclude that consideration of the Agency's interest in deterrence is not warranted. Accordingly I will adopt the ALJ's recommended order and grant Respondent's application for registration subject to the following condition.
(1) Any violation of either condition 13 or 14 of the California Board of Registered Nursing's Order shall be deemed an act inconsistent with the public interest and subject her registration to proceedings under 21 U.S.C. 824(a).
Pursuant to the authority vested in me by 21 U.S.C. 823(f) and 28 CFR 0.100(b), I order that the application of Kimberly Maloney, N.P., for a DEA Certificate of Registration as a mid-level practitioner be, and it hereby is, granted. This Order is effective immediately.
Paul E. Soeffing, Esq., for the Government.
Kimberly Maloney, N.P., Pro Se, for the Respondent.
Timothy D. Wing, Administrative Law Judge. This proceeding is an adjudication pursuant to the Administrative Procedure Act (APA), 5 U.S.C. 551 et seq., to determine whether the Drug Enforcement Administration (DEA) should deny a nurse practitioner's application for a Certificate of Registration (COR) as a mid-level \1\ practitioner. Without this registration the nurse practitioner, Kimberly Maloney, N.P. (Respondent), of Chula Vista, California, will be unable to lawfully handle controlled substances in the course of her practice.
\1\ See 21 CFR 1300.01(b)(28) (2010).
On September 10, 2010, the DEA Deputy Assistant Administrator, Office of Diversion Control, issued an Order to Show Cause \2\ (OSC) to Respondent, giving Respondent an opportunity to show cause why the DEA should not deny her application for a DEA COR, assigned Control No. W09131151M, pursuant to 21 U.S.C. 824(a)(4), and deny any other pending applications for a DEA COR, alleging that Respondent's registration would be inconsistent with the public interest, as that term is defined in 21 U.S.C. 823(f).
\3\ Respondent's post-hearing brief, filed on January 25, 2011, indicates that the California Board of Registered Nursing (BRN) adopted the proposed decision of the California Administrative Law Judge (ALJ) on December 28, 2010, and notes that the BRN took the extraordinary step of reducing Respondent's period of probation to one year and cost recovery to zero. The Government filed with its post-hearing brief a December 28, 2010 Order of the BRN entitled "Decision After Non-Adoption," of which I take official notice. (See Gov't Br. at Gov't Ex. 17.) Under the APA, an agency "may take official notice of facts at any stage in a proceeding--even in the final decision." U.S. Dept. of Justice, Attorney General's Manual on the Administrative Procedure Act 80 (1947) (Wm. W. Gaunt & Sons, Inc., Reprint 1979). In accordance with the APA and DEA's regulations, Respondent is "entitled on timely request, to an opportunity to show to the contrary." 5 U.S.C. 556(e); 21 CFR 1316.59(e) (2010); see, e.g., R & M Sales Co., 75 FR 78,734, 78,736 n.7 (DEA 2010). Respondent can dispute the facts of which I take official notice by filing a properly supported motion for reconsideration within twenty days of service of this Recommended Decision, which shall begin on the date it is mailed. See, e.g., Joseph Gaudio, M.D., 74 FR 10,083, 10,088 (DEA 2009) (granting respondent opportunity to dispute officially noticed facts within fifteen days of service).
Respondent, appearing pro se, timely requested a hearing on the allegations in the OSC. Following prehearing procedures, a hearing was held in San Diego, California, on December 14, 2010, with the Government represented by counsel and Respondent appearing pro se. Both parties called witnesses to testify and introduced documentary evidence. After the hearing, both parties filed proposed findings of fact, conclusions of law and argument. All of the evidence and post- hearing submissions have been considered, and to the extent the parties' proposed findings of fact have been adopted, they are substantively incorporated into those set forth below.
Whether the record establishes by substantial evidence that Respondent's application for a DEA COR, Control Number W09131151M, as a mid-level practitioner, should be denied pursuant to 21 U.S.C. 823(f) and 824(a)(4), because Respondent's registration would be inconsistent with the public interest as that term is used in 21 U.S.C. 823(f).
[o]n or about December 18, 2006, an RxNET agent interviewed Respondent at the San Diego Bureau of Narcotics Enforcement office. Respondent initially denied forging any prescriptions, but eventually admitted that she had stolen Dr. [JR]'s prescription pad from his La Jolla office. Respondent stated that she forged prescriptions for Oxycontin and Actiq to administer to herself for migraine headaches. Respondent further admitted that she would dissolve the Actiq in a saline solution and inject herself with it.
The Government's documentary evidence included a handwritten confession by Respondent dated December 18, 2006, describing several life stresses and admitting to taking "the prescription pads because I was scared that my migraines were out of control, that I would need more medicine.
* * *" (Gov't Ex. 4.) The Government also submitted as evidence three photographs (Gov't Ex. 5), which Respondent testified were taken on the day she met with DI Bartolomeo and another person (Tr. 60). Respondent speculated that investigators photographed her arm because "they wanted to prove that I was a drug addict." (Tr. 61.) Respondent was candid: "I'm not here to dispute the fact that I got addicted to drugs. I mean, I accept what happened, and I'm here to tell you what happened after that. So I don't dispute that they took pictures of me on that day." (Tr. 61.) No other testimony or evidence was offered with regard to the photographs.
\4\ Government Exhibit 6 duplicates Respondent Exhibit 7 at 3.
\5\ Government Exhibit 7 duplicates Respondent Exhibit 7 at 4.
Respondent successfully participated in the Nursing Diversion Program for 22 months when she was asked to leave the program because of a technical violation of the Diversion Program's rules. While in the Diversion Program, respondent was working as a Nurse Practitioner in the bone marrow transplant unit at the University of California, San Diego (UCSD) Medical Center. When patients were admitted to the unit, respondent, using a preprogrammed computer check sheet, admitted the patients by checking the appropriate admission box that appeared on the computer screen. By checking the box, the computer program automatically issued a standard set of admission orders. In some instances, the set orders included an order for the patient to receive Oxycodone. Consequently, when the fact respondent had been "prescribing" Oxycodone came to the attention of the Diversion Program, respondent was asked to leave even though she had been in full compliance with the strict Diversion Program requirements, including: Calling every morning between 6 and 7 a.m.; taking random drug tests several times per month with no "dirty" tests; turning in monthly paperwork on time; attending AA and NA meetings five to seven days per week; attending weekly nurse-to-nurse meetings; completing 16 CEU's on substance abuse; calling monthly to check in with her case manager; and always getting permission before leaving San Diego.
\7\ Although I find Mr. Mayer's testimony credible, I do note a disparity between the November 29, 2006 sobriety date he and others identified (see Tr. 80; see also Resp't Ex. 8 at 1), and DI Bartolomeo's testimony suggesting that Respondent forged a prescription as late as December 6, 2006 (Tr. 27; see Gov't Ex. 2 at 28).
\13\ See Henry J. Schwarz, Jr., M.D., 54 FR 16,424 (DEA 1989).
\14\ That subsection provides that a DEA COR may be revoked upon a finding that the registrant: (1) Has materially falsified an application; (2) has been convicted of a felony under the CSA or any other federal or state law relating to any controlled substance; (3) has had a state license or registration suspended, revoked or denied and is no longer authorized by state law to handle controlled substances; (4) has committed such acts as would render his registration under 21 U.S.C. 823 inconsistent with the public interest; or (5) has been excluded from participation in incorporating the public interest factors from Sec. 823(f). See 21 U.S.C. 824(a)(4).
\15\ Kuen H. Chen, M.D., 58 FR 65,401, 65, 402 (DEA 1993) (citing Serling Drug co. & Detroit Prescription Wholesaler, Inc., 40 FR 11,918, 11,919 (DEA 1975)); accord Scott J. Loman, D.D.S., 50 FR 18,941 (DEA 1985); Roger Lee Palmer, D.M.D., 49 FR 950 (DEA 1984).
\16\ See Chen, 58 FR at 65,402.
\17\ Registered Nurse Licdense No. 513926; Nurse Practitioner Certificate No. 12026; Nurse Practitioner Furnisher Certificate No. 12026; Public Health Nurse Certificate No. 55127.
\18\ See supra note 3.
The most recent action by the California BRN reflects a determination that notwithstanding findings of unprofessional conduct, Respondent can be entrusted with an active license subject to probationary terms and conditions. While not dispositive,\19\ I find the careful deliberations and action by the state licensing authorities weigh in favor of a finding that Respondent's registration would be consistent with the public interest under 21 U.S.C. 823(f).
\19\ Mortimer B. Levin, D.O., 55 FR 8209, 8210 (DEA 1990) (finding DEA maintains separate oversight responsibility and statutory obligation to make independent determination whether to grant registration).
As noted above, one of the factors in determining whether Respondent's registration would be inconsistent with the public interest is "[t]he applicant's conviction record under Federal or state laws relating to the manufacture, distribution, or dispensing of controlled substances." 21 U.S.C. 823(f)(3).\20\ The OSC alleges that Respondent pled "guilty to a felony count of obtaining a narcotic drug (OxyContin) by means of a forged prescription, in violation of California Health & Safety Code Sec. 11368." (ALJ Ex. 1 at 2.) Pursuant to applicable state law,\21\ the entry of judgment was deferred and upon successful completion of a treatment program, the charges were dismissed. (Gov't Ex. 11.) The California statute provides in pertinent part that a "defendant's plea of guilty pursuant to this chapter shall not constitute a conviction for any purpose," unless judgment of guilt is entered.\22\ But even the clearest statement of state law is not controlling on the question of what constitutes a "conviction" pursuant to the federal CSA. The question therefore remains whether Respondent's plea of guilty, which was ultimately dismissed, constitutes a "conviction" on the facts of this case.
\20\ I note that 21 U.S.C. 824(a)(2) (factor considering whether registrant "has been convicted of a felony under the Controlled Substances Act or any other federal or state law relating to any controlled substance") was not cited in either the OSC or otherwise noticed prior to hearing, and therefore is not applicable to this Recommended Decision. See CBS Wholesale Distribs., 74 FR 36,746, 36,749 (DEA 2009).
\21\ Cal. Penal Code 1000.1.
Federal case law has established that "[a] conviction alone is sufficient to allow the Attorney General (through the DEA Administrator) to revoke or suspend a DEA registration." Pearce v. DEA, 867 F.2d 253, 255 (6th Cir. 1988) (citing Fitzhugh v. DEA, 813 F.2d 1248, 1253 (DC Cir. 1987)). Agency precedent takes an expansive view of what constitutes a "conviction." "The law is well settled that a DEA registrant may be found to have been 'convicted' within the meaning of the Controlled Substances Act, despite a deferred adjudication of guilt." Harlan J. Borcherding, D.O., 60 FR 28796-01, 28798 (DEA 1995) (citing Mukand Lal Arora, M.D., 60 FR 4447, 4448 (DEA 1995) (fine, two years of probation and deferred adjudication deemed sufficient), Clinton D. Nutt, D.O., 55 FR 30,992, 30,992 (DEA 1990) (nolo contendere plea and deferred adjudication of guilt deemed sufficient) and Eric A. Baum, M.D., 53 FR 47,272, 47,272 (DEA 1988) ("best interest" plea, probation, drug counseling and withholding of adjudication deemed sufficient)).
10 M.J. 138, 139 (U.S. Ct. Mil. App. 1981) (cited, but not quoted, in Eric A. Baum, M.D., 53 FR 47,272 (DEA 1988)). Accordingly, a registrant whose criminal adjudication has been deferred is nevertheless considered to have been "convicted" under DEA precedent.
In this case, the fact that a finding of guilt was specifically not entered as to Respondent and the charges dismissed, leaves open the question as to whether the foregoing Agency precedent is controlling on the issue of whether Respondent's plea constitutes a conviction under 21 U.S.C. 823(f).\23\ It is unnecessary to reach that issue, however, because the underlying offense to which Respondent pled guilty does not "relate[ ] to the manufacture, distribution, or dispensing of controlled substances," the standard embraced in Sec. 823(f). See Super-Rite Drugs, 56 FR 46,014, 46,015 (DEA 1991) ("Although [applicant] entered a guilty plea to a drug-related felony, his actions did not relate to the manufacture, distribution, or dispensing of controlled substances.").
\23\ Agency precedent as embodied in Baum and other cases, carried to its logical conclusion, could arguably deem a plea that was later withdrawn, and a defendant found not guilty after trial, to be a conviction, on the claim preclusion grounds discussed in United States v. Cook, 10 M.J. 138, 139 (U.S. Ct. Mil. App. 1981), a case cited favorably in Baum. Cf. Baum, 53 FR at 47,274.
Accordingly, I find that Respondent has not been convicted of any laws relating to the manufacture, distribution or dispensing of controlled substances. I therefore find that Factor Three under Section 823(f), while not dispositive, does weigh in favor of a finding that Respondent's registration would be consistent with the public interest.
The central issue in this case centers on Respondent's addiction to prescription pain medications, which began in or about 2006 while under medical care for chronic migraine headaches. (See Tr. 45-46.) Respondent's use of prescription pain medications eventually culminated in a course of conduct between June 2006 to December 2006, where she forged approximately nine prescriptions for Schedule II controlled substances for herself using a stolen prescription pad (see, e.g., Tr. 24-26, 46), and wrongfully used and possessed Schedule II controlled substances (e.g., Gov't Ex. 13 at 6). Other than the time period from June to December 2006, with a single exception noted below, there is no evidence that Respondent has failed to comply with all applicable laws and regulations relating to controlled substances during her professional career.
To comport with due process requirements, the DEA must "provide a Respondent with notice of those acts which the Agency intends to rely on in seeking the revocation of [her] registration so as to provide a full and fair opportunity to challenge the factual and legal basis for the Agency's action." CBS Wholesale Distribs., 74 FR 36,746, 36,749 (DEA 2009) (citing NLRB v. I.W.G., Inc., 144 F.3d 685, 688-89 (10th Cir. 1998) and Pergament United Sales, Inc., v. NLRB, 920 F.2d 130, 134 (2d Cir. 1990)). An issue cannot be the basis for a sanction when the Government has failed to "disclose 'in its prehearing statements or indicate at any time prior to the hearing' that an issue will be litigated." Id. at 36,750 (citing Darrell Risner, D.M.D., 61 FR 728, 730 (DEA 1996)). The DEA has also previously found, however, that a respondent may waive objection to the admission of evidence not noticed by the Government prior to the hearing when the respondent does not timely object and when the respondent also raises the issue. Gregory D. Owens, D.D.S., 74 FR 36,751, 36,755 (DEA 2009).
[w]hen patients were admitted to the unit, respondent, using a preprogrammed computer check sheet, admitted the patients by checking the appropriate admission box that appeared on the computer screen. By checking the box, the computer program automatically issued a standard set of admission orders. In some instances, the set orders included an order for the patient to receive [o]xycodone.
(Resp't Ex. 1 at 4.) The circumstances of this single incident and Respondent's early termination from the Nursing Diversion Program after approximately twenty-two fully successful months does not weigh against Respondent's application for DEA registration. I also note that as with all other aspects of Respondent's testimony, Respondent was fully credible and candid in her explanation of this incident.
The Government maintains that Factors Four and Five are relevant to the public interest inquiry, relying in part on the undisputed evidence of Respondent's history of self-abuse of controlled substances, and citing Gary E. Stanford, M.D., 58 FR 14,430 (DEA 1993) and William L. Pigg, M.D., 55 FR 3120 (DEA 1990), cases finding a registrant's abuse of controlled substances and alcohol relevant to the public interest inquiry.
and if his rehabilitation efforts have continued successfully, investigation of that application should be expedited, and favorable consideration should be given to the application." Id. In Pigg, a case in which the respondent waived hearing and the Agency issued a final decision on grounds of lack of state authority, as well as drug abuse, the facts relating to substance abuse included abuse of cocaine and alcohol over at least a two-year period, along with a subsequent abuse of alcohol and controlled substances following entry to an Impaired Physicians Program. Pigg, 55 FR at 3120.
Other cases reflect long-held "precedent that a practitioner's self-abuse of controlled substances constitutes 'conduct which may threaten public health and safety.'" Steven B. Brown, M.D., 75 FR 65,660, 65,662 (DEA2010) (citing Tony T. Bui, M.D., 75 FR 49,979, 49,990 (DEA 2010); Kenneth Wayne Green, Jr., M.D., 59 FR 51,453 (DEA 1994); David E. Trawick, D.D.S, 53 FR 5326 (DEA 1988). In Brown, the evidence of self-abuse spanned approximately a two year period during which the registrant prescribed 160-180 tablets of oxycodone 30 mg monthly to a patient in exchange for return of half of the controlled substances. Brown, 75 FR at 65,661. Additional evidence included a finding that the registrant was a drug abuser and a threat to public health and safety, when he offered the patient "a hit of liquid oxycodone." Id. at 65,662.
\24\ Compare Tr. 46, with Tr. 27, and Gov't Ex. 2 at 9, 14, 16, 18, 20, 22, 24, 26, & 28 (forged prescriptions ranging between August 9, 2006, and December 6, 2006).
\25\ This evidence is somewhat consistent with testimony of DI Bartolomeo with regard to Respondent's confession on December 18, 2006, although DI Bartolomeo did not reference Respondent's initial denial. (See, e.g., Tr. 29.) For instance, the record was unclear whether Respondent made two separate admissions on December 18, 2006. Notwithstanding the ambiguity and intial denial, I find that Respondent's admission of misconduct and cooperation with law enforcement authorities was timely and is to her credit.
To summarize, Respondent's admitted misconduct and substance abuse between June and December 2006, if viewed standing alone, does weigh against a finding that Respondent's unconditional registration would be consistent with the public interest under Factors Four and Five.
After balancing the foregoing public interest factors, I find the Government has established by substantial evidence a prima facie case in support of denial of Respondent's application for registration, based on Respondent's unlawful possession, use and fraudulent acquisition of controlled substances between June and December 2006. Once DEA has made its prima facie case for revocation, the burden then shifts to the respondent to show that, given the totality of the facts and circumstances in the record, denial of the application would not be appropriate. See Morall v. DEA, 412 F.3d 165, 174 (DC Cir. 2005); Humphreys v. DEA, 96 F.3d 658, 661 (3d Cir. 1996); Shatz v. United States Dep't of Justice, 873 F.2d 1089, 1091 (8th Cir. 1989); Thomas E. Johnston, 45 FR 72, 311 (DEA 1980).
Additionally, where a registrant has committed acts inconsistent with the public interest, the registrant must accept responsibility for his or her actions and demonstrate that he or she will not engage in future misconduct. Patrick W. Stodola, M.D., 74 FR 20,727 (DEA 2009). Also, "[c]onsideration of the deterrent effect of a potential sanction is supported by the CSA's purpose of protecting the public interest." Joseph Gaudio, M.D., 74 FR 10,083, 10,094 (DEA 2009).
confronted with allegations of misconduct (Gov't Ex. 13 at 6), behavior which weighs in Respondent's favor. See Karen A. Kruger, M.D., 69 FR 7016, 7017-18 (DEA 2004) (timely cooperation with investigators when questioned on past misconduct held a significant consideration in granting subsequent application for registration).
\27\ Gov't Br. at 6.
Respondent's abstinence from drug abuse since 2006, and her efforts at rehabilitation have been consistent, substantial, and successful. The uncontroverted evidence of rehabilitation shows that Respondent: successfully completed a seven-week outpatient alcohol and drug treatment program (Gov't Ex. 6); successfully completed a one-year dependency aftercare program (Gov't Ex. 7); successfully participated in a Nursing Diversion Program for twenty-two months (Resp't Ex. 1 at 4); regularly attended AA and NA meetings (Resp't Ex. 7 at 5-6; Resp't Ex. 8 at 2); regularly attended nurse-to-nurse meetings (Resp't Ex. 1 at 4); and has had sustained sobriety since December 2006, as evidenced by repeated negative random drug tests (see Resp't Ex. 1 at 4), inter alia. Credible and unrebutted testimony even reveals that Respondent went as far as avoiding medically indicated pain medication in 2010, just to avoid any potential for relapse. (Tr. 79.) In addition to the foregoing, the record is replete with credible evidence from family, friends, colleagues, students, treating sources and mentors, all consistently attesting to Respondent's sustained recovery and abstinence from prescription drug abuse. In light of the significant evidence of rehabilitation and ongoing monitoring by the California BRN, I find Respondent has sustained her burden in accepting responsibility and demonstrated that she has taken the necessary steps to avoid a repeat of her mistakes. Granting Respondent's application for a COR, subject to conditions, is fully consistent with the public interest.
Accordingly, I recommend that Respondent's application for DEA COR be granted, subject to the following conditions: (1) Respondent shall comply with all of the terms and conditions specified in the December 28, 2010 Order of the California BRN (see Gov't Br. at Gov't Ex. 17); and (2) for one (1) year following the issuance of a final order in this proceeding, Respondent shall upon request, submit to the nearest Field Division Office of DEA, copies of the results of any random or directed drug screening tests involving Respondent.


The Kilkenny Cat Laughs Festival celebrates its 25th year in 2019 and it has revealed a strong line up for when it takes over the city at the end of May.
Tommy Tiernan, Alison Spittle, Dara O'Briain and Fred Cooke lead a strong home team treading the boards in multiple venues while Phil Jupitus, Alan Davies and Lou Sanders will be among the star attractions from further afield.
At the programme launch there was still no sign of a headline sponsor this year, nor of a contribution from the Arts Council.
There is Government backing under the umbrella of Failte Ireland and the Ireland's Ancient East brand but comedy remains in an unusual sport as regards the arts fraternity.
There is money from the Creative ireland programme while Coors Light are back on board as official beer partner and Mor Gin for those with more of a taste for spirits.
Today FM and Olytico are media partners but with the long heritage and proof of delivery for sponsors in years gone by including Smithwicks and Sky TV, it is somewhat strange, and not very funny that a major commercial backer has not been found.


text:
ONE RUN SHORT: No. 1 Kansas revives late to top No. 21 ISU
Rob Gray, Mar 05 •	0 Comments
LAWRENCE,Kan. — Bang.
Iowa State's now banged-up Monté Morris used that single word to describe how swiftly, how bitterly fortunes can turn in Phog Allen Fieldhouse, where top-ranked Kansas made his Iowa State Cyclones their 42nd straight victim in Saturday's Big 12 regular-season finale.
"When they make runs in here, man, you feel them," said Morris, who felt more than that in the late stages of ISU's 85-78 loss thanks to a Frank Mason foul that dinged up his right shoulder. "It happened so quick. We were up, then bang, a 3, a layup — it's like, 'Damn.' Then you feel like the fans against you, and your legs, but yeah man, I see why they always come out and protect their home court. It's rough in there."
Always has been, but the Cyclones (21-10, 10-8) answered each Jayhawks run until the final 3:13. That's when they went "bang" on Senior Day. Landen Lucas tipped in a missed shot to but KU ahead, 72-71. Devonté Graham followed with another drive and score, followed by Perry Ellis and then the dagger: A Graham corner 3-pointer that gave the Jayhawks a 79-71 lead with 47 seconds left.
Kansas reeled off 11 straight points in a span of 4:22 to douse ISU's hopes of averting an 11th straight loss in the Phog. Georges Niang led the Cyclones with 22 points, Jameel McKay notched a double-double with 19 points and 10 boards, and Morris added 11 points.
"We put ourselves in a position up here with three minutes to go, one-point game, and a chance to win here and that was our goal," said ISU coach Steve Prohm, whose team fell in Lawrence for the 11th straight time. "That was our focus, that was our mentality all the way."
It just wasn't enough. Playing at Kansas means that word "almost" often tangles with the "bang." And the latter wins. The Cyclones can undoubtedly point to positives entering next week's Big 12 Championship as the No. 6 seed. They'll open against third-seeded Oklahoma (8 p.m. Thursday) — and win or lose, it's sure to entertain.
"We came out here and gave (Kansas) a good fight in probably the toughest environment in the country," said McKay, who recorded his seventh double-double of the season. "So against Oklahoma, I don't remember the last time we played Oklahoma where we didn't have a fun game, where it wasn't exciting or dramatic. So we know it's going o be high-scoriae and fun. We know what they do. They know what we do. Nothing's going to catch us by surprise. Whichever team can get the most stops will win."
Same goes for the freshest legs. Morris said "for sure" he'll play against the Buddy Hield-led Sooners, but noted again that fatigue, coupled with the blow to the shoulder, has become a factor. He welcomes a day off from practice Sunday, then the journey begins anew.
"Hopefully we see these guys again," said Morris, who added four assists to one turnover.
And why not? ISU entered Saturday's game having won four of the past five against the Jayhawks (two at Hilton Coliseum, two at Sprint Center). It's a good matchup and it brings out the Cyclones' best. It also wouldn't be possible until the Big 12 Tournament final, and who wouldn't be up for that in the deepening shadow of Selection Sunday?
"I think we're in a great place," McKay said. "Out effort was good. Right now I think we're playing (our) best stretch of basketball. Regardless of outcome, I think we're playing well. Of course we wanted to win and we're down about that, but we still look forward to the future and we still have big plans."
A loss at Kansas can't upset those. ISU did it's best to close out the win, ringing up a 13-2 run to build a 3-point lead on Niang's free throws with 5:09 left. What came next? The "bang," of course. And that's triggered by defense that precede the avalanche of layups, putbacks and timely 3-pointers.
"I feel like we're close," Morris said. "We've just got to keep getting stops. We ain't gonna dwell on this. We were in a win-win situation, really. If we win here, it's great. We we're just coming down here to compete and we did that. So I feel like we're on the up and up. Just a few more tough plays that we need to make."
A few more treatments to get, too. Morris will rest his strained shoulder. Deonte Burton plans to be fine after a Perry Ellis elbow caused his tooth to pierce his cheek, which caused blood to flow from his face. This is March and blood will be spilled. ISU's stitched up its wounds — both internal and external — and feel primed to create a "bang" of its own when it matters most.
"(Losing) is real disappointing, but that's not going to take away from what this team could do in the future," Niang said. "We have a one-game season for the rest of the year."
View articles by Rob Gray	administrator
Rob, an Ames native, joined Cyclone Fanatic in August, 2014 after nearly a decade and a half of working at Iowa's two largest newspapers. He spent 10 years at the Des Moines Register and, after a brief stint in public relations, joined the Cedar Rapids Gazette as an Iowa State correspondent three years ago. Rob specializes in feature stories for CF.
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Previous BLOG: Five takeaways from the loss at Allen Fieldhouse
Next POSTGAME: Self, KU fans salute Niang
No. 11 Cyclones' rally falls short at No. 22 Baylor
Short bench and turnovers hamper Cyclones in Spain
Cyclones come up short at Kansas


Yes, I am about to spend four months in a country where I don't know its most widely spoken language — Darija, the Moroccan variety of Arabic. I'll explain why in a moment, but first, a little more of an introduction. I grew up in a suburb of Seattle, a city I love very much. Much of the last two and a half years, however, I've spent near Boston, going to school at Tufts University. I am majoring in sociology and environmental studies, which is the official way of saying I am interested in people, places, and how they interact with each other. When I am not in class, I usually can be found editing the school newspaper, practicing with my dance team, or playing my guitar.
Although I will not be taking classes that count toward my majors while in Rabat, there will be a lot I can learn about people and places just by being in a new location and talking with the people who live there. I will certainly gain knowledge in my courses, but I expect to learn more outside the classroom by walking, shopping, eating, and just living in Rabat. As an environmentalist, I wonder how the (very large) phosphate mining industry impacts the land and people of Rabat. As a sociologist, I hope to learn about upholding traditions in this rapidly modernizing country. As a student of the world, I am interested in how Morocco functions as a multilingual society.
This is why I am eager to study in Rabat even though I do not speak Darija: I have studied French since high school and I'm ready to use my existing language skills for more than just grammar worksheets. Plus, as I said at the beginning of this blog post, it's not that I don't speak Arabic — it's that I do not yet know how to speak it. In other words, I want to learn. I am excited to begin studying Darija and bring the total number of languages in which I will attempt to communicate to three. I know that whichever French-Darija-English words I end up speaking will make up just a slice of the languages I'll hear in the city, and I look forward to hearing Moroccans navigate this linguistic landscape.
The more I read about Morocco, the more I realize how much more there is for me to learn about the country. I am, therefore, starting this trip with an open mind and the goal to explore as much as possible. This will be a semester of firsts: a new language, a new city, new people to meet, and many, many new challenges. At the same time, this semester is builds on much that I have already done: from French to global development, I can't wait to use my classroom knowledge in real life. I am eager to begin my travels and share these experiences here on this blog.
Hi, my name is Liora, and I have not yet arrived in Morocco. I've solved this initial problem, however, by booking a plane ticket — my next blog post will come from Rabat!


Though the audience felt a bit subdued at the opening concert for the San Francisco Symphony's American Mavericks festival, there was nothing of the sort coming from the stage. Surprisingly, Music Director Michael Tilson Thomas began the performance without any introductory comments- he seemed content to let the music do the talking on this night and indeed it did. Leading off with Copland's Orchestral Variations, MTT and the orchestra showcased the more unfamiliar side of the composer- dark, brooding and aggressive music that sounds like the blueprint for film noir soundtracks with no sign to be found this is the same guy who wrote Rodeo or Appalachian Spring. The orchestra's brawny approach matched it perfectly.
Lou Harrison's Concerto for Organ with Percussion Orchestra followed, featuring soloist Paul Jacobs and seven percussionists. Beginning with an Allegro section reminiscent of a drumline, the work proceeds through a variety of different musical terrains - an Adante follows for just the organist and then a dream-like Largo lulls the listener to a quieter place -indeed, it put the guy next to me to sleep. He awoke with a snort when the Canons and Choruses section began, which was a gorgeous, deliberate meditation full of hypnotic counterpoints. The final Allegro section veers into something that sounds almost delightfully like surf music, and Jacobs and the percussionists tore through it with a Ventures-like glee. At the end, MTT held the score aloft and kissed it.
During the intermission I took the opportunity to introduce myself to Jeremy Denk, who was seated next to cellist Steven Isserlis during the performance. Denk is performing in three of the scheduled Mavericks concerts and Isserlis is in town to perform Schumann's Cello Concerto with the Philharmonia Baroque Orchestra. I was hanging fire at the rail of the rear boxes as Denk came in from the lobby, giving me the chance to buttonhole him in person. He proved to be kind and gracious, though for a moment he seemed apprehensive, as if he wondered exactly what I might be up to once it all clicked into place. The popular, well-regarded pianist and I have a bit of a thorny history, but I'll cheerfully admit to admiring the man's abilities with a keyboard whether it be attached to a piano or a computer. His recent recording of Ives is marvelous and if you haven't already read it, check out his brilliant piece in the Feb. 6 issue of the New Yorker on the trials of recording the album's Concord Sonata.
An orchestrated version of the same made up the second half of the concert. The piece was obsessed over for years not only by its composer, but also by Henry Brant, who worked on re-orchestrating it for more than forty years. Between the two of them, I doubt there's a single work in the entire musical canon that has had so much time has been spent on its creation and revision. It proved to be an enormous, frequently thrilling beast, with the orchestra's string section sounding (and I know I've said this before, but it keeps happening) better than ever. The four sections eschew sonata form and instead evoke the spirit of four mid-nineteenth century literary personages of Concord, Mass- Emerson, Hawthorne, the Alcotts and Thoreau. Emerson is the thorniest, Hawthorne the most interesting and diverse. The Alcotts mirror their history of transcendentalism and Thoreau is, well, Thoreau. The gorgeous hymnal section of the Hawthorne section proved to be the highlight for me before it (d)evolves into a cacophonous mash-up of who knows how many borrowed tunes- a feature of each of the work's movements, but done with special flair here. The time Brant expended on Ives' work proved to be well-spent- in his hands the Concord is an orchestral piece with a gravitas wholly different than its inspiration.
There's still time to buy a $100 pass for all remaining festival performances. Call 415 864 6000, or go the Davies box office. Also, Eva Soltes' great documentary on Lou Harrison continues at the Roxie this weekend and is well worth seeing.


Heather Grey Ringspun Soft Tee screen printed with navy ink.
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This shirt was so cute and it came fast! I went to a Tim McGraw concert and got lots of compliments!


The Mont Order, often just called Mont, is an information society of writers and networks based in different countries who collaborate to broaden their influence. To date, this has been achieved mainly through the internet.
The Mont Order has held online audio conferences since February 2015.
The Mont Order's secret wiki created via PBworks holds information on the origin and literature of the Mont Order as well as our current structure, ranks and members. Members will be invited via email and will be able to contribute pages or post comments and questions on this literature. The public will not have access to it.
STATEMENT 2: THE MONT ORDER IS BEHIND THE "ANTI-GROUPS"
Automated lists, accounts and newsletters have been set up as an experiment in gaining a greater online media foothold with zero maintenance. This will not only extend the influence of the Mont Order into political media niches without requiring any effort or time from us, but it will also enable our members to keep track of certain political subjects as needed. Two "anti-groups" have been set up and have gathered significant email subscribers: the Anti-control group and the Anti-NATO group. Each "group" has an automated Twitter account and an automated newsletter, based on a list of up to a hundred individuals associated with its cause.
The Friends of the Mont Order group created by Raincoaster at Facebook has seen a surprising growth in membership. Our hope is that it will reach a point where members can confidently post to the group and a minimal amount of admin involvement is needed. Due to the continued growth in its membership and the high amount of activity there, the group can be deemed a success so far.
Many clubs and societies will send out free material to their members in the post. The Mont Order is able to issue professionally-made die struck metal badges and print copies of the Mont Order Code, developed in October 2015 to members who are confident to specify a postal address for this purpose.
Members of the Mont Order believe Labour MPs in the UK have demonstrated backstabbing behavior in their efforts to remove Jeremy Corbyn as Leader of the Opposition. The Order, while not being a pro-Corbyn group, considers ongoing schemes against Corbyn to be illegitimate acts of bullying.
Members of the Mont Order believe Turkish President Erdogan plotted and exploited the failed military coup against him in order to seize more power and demand the detention or execution of his opponents. Lists of those arrested appeared to have been prepared prior to the events. At the same time, the military coup can also be considered ineffective and unjustifiable.
The solution to the military occupation and actions by resistance groups in Indian-controlled Kashmir is a referendum on the future of this conflict-prone region. The blinding of children caused by pellet guns, and the killings by Indian forces, amount to cruelties and atrocities by the Indian regime and reinforce the urgency for a just settlement of the conflict.
"Integration", humiliation of Muslims by the state, and blaming Islam for violence are non-answers to terrorist threats. These steps will only deepen tensions and extremist views on all sides in European countries, where terrorist incidents have occurred. We have noted that incidents in Europe are beginning to resemble a more American pattern of "mass shootings" but similar tragedies have curiously not been occurring in the UK. In addition, editorial policies of Western media clearly follow a pattern of only describing attacks as "terrorist" after an attacker is described to be a Muslim.


I have previously blogged about the New Venture Creation program at BITS Pilani. This last Sunday we hosted its first ever Entrepreneur Day. Students at Pilani are hidden away in a remote place and don't get to meet entrepreneurs that often. And even if they do, it is not with the purpose of being coached for their startups.
This E-Day was an event setup to get students face to face with Entrepreneurs, hear a couple of startup stories, practice pitching and then get 1-1 coaching for their startups.
Vish Bajaj, Founder and CEO of ValueFirst, gave a highly motivating and humorous talk about his personal entrepreneurial journey. Ajay Chaturvedi, Founder and CEO of HarVa, talked about his rural BPO and more importantly emphasized his startup's focus is on value creation and not empowerment or social upliftment. Gagan, Founder of ValueFirst, and Sujit Panigrahi, Founder of Convergent, also shared their experiences.
But the most exciting part of the day were the student pitches followed by coaching sessions for each team. The pitches were well rehearsed and most of them were quite clear about their business idea. Of course they need to tighten the business case and the launch plan which is the next phase for them. I am bullish that at least 3 teams out of these 9 will form a startup straight after graduation. Let's see!
For rest of the pictures go to the E-Day album.


I love this vintage Skeleton Medical Chart that I cam across on a recent trip to Uncommon Objects in Austin, Texas. These can be fun to use as home decor year round but it is especially spooky to put up in your home at this time of year. Happy Halloween!
The following are Halloween highlights from 2013. Looking forward to seeing what 2014 will bring.
I love fall and spending a day with my little ladies at a pumpkin patch is a day well spent. We road a hay ride from the events plaza at the Desert Botanical Garden out to the pumpkin patch in the desert – yup they grow here, even in the desert! Then we decorated pumpkins, ate kettle corn and drank cider. Happy Fall!


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New Yorkers Take to Twitter to Share Harrowing Photos of NYC's First 'Vegan Friday' Meals
The city's newly announced Vegan Friday program is off to a rocky start at public schools
by Luke Fortney and Emma Orlow Updated Feb 4, 2022, 6:00pm EST
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A student eats a vegan meal, with milk, on NYC's first "vegan Friday."
Michael Loccisano/Getty Images
Mayor Eric Adams made headlines on Thursday when he announced that New York City schools would be required to serve completely vegan lunches on Fridays, effective the following day. The mandate is off to a rocky start in the nation's largest school system.
New Yorkers took to Twitter on Friday morning, sharing images of school lunches that left something to be desired: dry black bean tacos, bags of chips, sad-looking stir fries, and other meals that city officials claim to be nutrient-packed. Several users on the social media platform say their children were dished up food that wasn't actually vegan, like lasagna and bean and cheese burritos.
"Vegan Fridays introduced students to plant-based options that will eventually improve the quality of life for thousands of New York City students," according to a spokesperson for the mayor's office. "Parents, students and principals across the city have given positive feedback on today's launch and we are excited to continue the conversation of healthier options in schools."
The new policy does come with some exceptions. Milk is still allowed in city schools, as required by the Food and Drug Administration, and the Department of Education said it would offer some "lighter dairy products" on Fridays as it transitions away from cheese completely. Non-vegan menu items are available upon request, according to a spokesperson for the Department of Education.
The sweeping change affects nearly one million public school students across the five boroughs. School lunches are among the only meals that some New Yorkers can count on, as State Senator Jessica Ramos pointed out on Twitter, especially as food insecurity and other financial stresses surge during the pandemic.
The program was part of a larger public health push from Adams, who credits his vegan diet with reversing his diabetes diagnosis. The initiative went beyond the mayor's personal lifestyle choice to maintain a meat-free diet. He's pushed for removing processed meats, such as bologna and pepperoni, from school lunch menus. Other vegan advocates argue eating less meat is said to help alleviate carbon emissions (as of 2021, the majority of greenhouse gas emissions in food production stemmed from the meat industry).
The mayor said on Thursday that he was "thrilled to see that all students will now have access to healthy foods that will prevent debilitating health conditions." On Twitter, parents and elected officials appeared to be less convinced.
I asked my daughter to report on the first Vegan Friday meal at her NYC public school and she sent me this picture https://t.co/3nZMsoU5rl pic.twitter.com/boemKa5eIq
— Jen Chung (@jenchung) February 4, 2022
.@NYCMayor I am as much a believer in the power of healthy food as you, but this ain't it. This was served to a public school student #Seenin13 for Vegan Fridays. The only real meal some of our city's kids can count on is what they get @ school. This wasn't thought through. pic.twitter.com/nJEwmHYg2T
— Jessica Ramos (@jessicaramos) February 4, 2022
This is the @NYCMayor new vegan option for Fridays. Most of the kids dumped this in the garbage or just ate the cookies. It smelled like armpits & it was completely unappetizing. Why would you remove options for students? A dry cheese sandwich isn't going to cut it. @NYCSchools pic.twitter.com/PKot8IyNp6
— Melissa (@salemviolets) February 4, 2022
There was another option—black beans, mix of veggies, tomato, and corn—but she said most kids got the packaged burrito. Her meal also had a banana and a bag of Tostitos. pic.twitter.com/xunwRAWQio
A Crown Heights Coffee Shop Expands With Ambitious New Restaurant and Nightlife Hangout Daughter coffee is opening the Wall
17 of Tribeca's Top Places to Eat French bistros, Moroccan, Cajun-Creole, and Laotian


Pretty Kitty design cake with beautiful detail. Matching cupcake and cookies are also available for the ultimate sweet celebration. This cake serves 12 - 18 guests. We can create this design in a tiered design that will serve additional guests too!


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