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United States District Court, Fourth Circuit
August 22, 2013
SANDRA LEE RIVERA, Plaintiff,v.MICHAEL J. ASTRUE, [1] Acting Commissioner, Social Security Administration, Defendant.
CHARLES B. DAY, Magistrate Judge.
Sandra Lee Rivera, ("Plaintiff") brought this action under 42 U.S.C. § 405(g) for judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner"), denying Plaintiff's claims for a period of Disability Insurance Benefits ("DIB") under Title II of the Social Security Act, 42 U.S.C. §§ 401-434, and Supplemental Security Income ("SSI") payments under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f. Before the Court are Plaintiff's Motion for Summary Judgment ("Plaintiff's Motion") (ECF No. 16) and Commissioner's Motion for Summary Judgment ("Commissioner's Motion") (ECF No. 18). The Court has reviewed the motions, related memoranda, and the applicable law. No hearing is deemed necessary. See Local Rule 105.6 (D. Md.). For the reasons presented below, the Court hereby DENIES Plaintiff's Motion, DENIES Commissioner's Motion, and REMANDS this matter to the Social Security Administration for further proceedings consistent with this opinion.
Plaintiff filed her applications for DIB on March 16, 2009 and SSI on March 31, 2009 with the original alleged onset date of May 19, 2008. R. 132-45. She alleged disabilities including thoracic outlet syndrome, lumbar disk herniation, and carpal tunnel syndrome. R. 132, 139, 170. Plaintiff later amended her onset date to November 24, 2008, during the hearing before the Administrative Law Judge ("ALJ"). R. 41. The Commissioner denied Plaintiff's claims on first review on June 11, 2009, R. 83-87, and upon reconsideration on January 28, 2010. R. 77-80. The ALJ hearing was held on October 19, 2010 and Plaintiff was represented by a non-lawyer representative, Lawrence Pucci. R. 38. On November 22, 2010, the ALJ issued a written decision concluding that Plaintiff was not disabled under the Social Security Act. R. 15-32.
The ALJ evaluated Plaintiff's claims using the five-step sequential process set forth in 20 C.F.R. § 404.1520 (2010), and further explained below. At the first step, the ALJ determined that Plaintiff has not engaged in substantial gainful activity since November 24, 2008, the amended alleged onset date. R. 20. At the second step, the ALJ determined that Plaintiff has the following severe impairments: degenerative disc disease and thoracic outlet syndrome status-post surgeries. R. 20. The ALJ found that Plaintiff's asthma, chronic obstructive pulmonary disease ("COPD"), and obesity did not qualify as severe impairments. R. 20-21. At the third step, the ALJ determined that Plaintiff "does not have an impairment or combination of impairments that meets or medically equals" a listing. R. 21. Even though the ALJ did not identify Plaintiff's depression as a severe mental impairment, he did apply the special technique used to evaluate mental impairments. R. 21-23. At the fourth step, the ALJ determined that Plaintiff retained the residual functional capacity ("RFC") to perform light work, except that she would need:
simple, routine, unskilled jobs, SVP2 in nature, with low concentration and low memory due to pain and depression, moderately limited in performing activities of daily living, interact socially, and maintain concentration, persistence, and pace, needing one to two step tasks, with no decision making, judgment, or change in work setting, no production pace rate work, little interaction with coworkers though can be around other employees during the work day, however, with occasional conversation and impersonal interaction with coworkers, essentially isolated jobs with occasional supervision, lift 10 pounds frequently and 20 on occasion, can stand for 30 minutes and sit for 30 minutes consistently on an alternate basis, eight hours a day, five days a week, avoiding heights and hazardous machinery, temperature extremes, humidity, stair climbing, no repetitive neck turning jobs, or fine dexterity and manipulation with hands, odors, gases, fumes, dust, and like substances.
R. 23. The ALJ found that Plaintiff is unable to perform any of her past relevant work as a machine operator, warehouse worker, janitor, and flagger. R. 30. At the fifth step, the ALJ determined that considering Plaintiff's RFC, age, education, and work experience, "there are jobs that exist in significant numbers in the national economy that the claimant can perform, " including mail room clerk (non-governmental) and machine tender. R. 31-32. As a result, the ALJ concluded that Plaintiff has not been under a disability, as defined in the Social Security Act, from the alleged onset date of November 24, 2008, through the date of the decision. R. 32.
Plaintiff subsequently requested review of the ALJ's decision by the Appeals Council. The Appeals Council denied Plaintiff's request on March 8, 2012, making the ALJ's decision final and appealable. R. 1-4.
On appeal, the Court has the power to affirm, modify, or reverse the decision of the ALJ "with or without remanding the cause for a rehearing." 42 U.S.C. § 405(g) (2006). The Court must affirm the ALJ's decision if it is supported by substantial evidence and the ALJ applied the correct law. 42 U.S.C. § 405(g) ("The findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive."); s ee also Russell v. Commissioner of Soc. Sec., 440 F.Appx. 163, 164 (4th Cir. 2011); Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990); Smith v. Schweiker, 795 F.2d 343, 345 (4th Cir. 1986). Substantial evidence is "more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Richardson v. Perales, 402 U.S. 389, 401 (1971) (quoting Consolidated Edison Co. v. NLRB, 305 U.S. 197, 229 (1938)) (internal quotation marks omitted); see also Shively v. Heckler, 739 F.2d 987, 989 (4th Cir. 1984) (quoting Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir. 1966)) (internal quotation marks omitted) ("It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance. If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is substantial evidence.").
The Court does not review the evidence presented below de novo, nor does the Court "determine the weight of the evidence" or "substitute its judgment for that of the Secretary if his decision is supported by substantial evidence." Hays, 907 F.2d at 1456; Schweiker, 795 F.2d at 345. The ALJ, not the Court, has the responsibility to make findings of fact and resolve evidentiary conflicts. Hays, 907 F.2d at 1456. If the ALJ's factual finding, however, "was reached by means of an improper standard or misapplication of the law, " then that finding is not binding on the Court. Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987).
A person is deemed legally disabled if she is unable "to do any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." 20 C.F.R. §§ 404.1505(a), 416.905(a) (2010). The Code of Federal Regulations outlines a five-step process that the Commissioner must follow to determine if a claimant meets this definition:
1) Determine whether the claimant is "doing substantial gainful activity." 20 C.F.R. §§ 404.1520(a)(4)(i), 416.920(a)(4)(i). If she is doing such activity, she is not disabled.
2) If she is not doing such activity, determine whether she has a "severe medically determinable physical or mental impairment that meets the duration requirement in § 404.1509, or a combination of impairments that is severe and meets the duration requirement." 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If she does not have such impairment or combination of impairments, she is not disabled.
3) If she does have such impairment or combination of impairments, determine whether she has an impairment that "meets or equals one of [the C.F.R.'s] listings in appendix 1 of this subpart and meets the duration requirement." 20 C.F.R. §§ 404.1520(a)(4)(iii), 416.920(a)(4)(iii). If she does have such impairment, she is disabled.
4) If she does not, considering her residual functional capacity, determine whether she can do her "past relevant work." 20 C.F.R. §§ 404.1520(a)(4)(iv), 416.920(a)(4)(iv). ...
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|Prints available in my Etsy shop.
"Dancing Leaves" is from a particular childhood memory. Its a memory I have each fall, as I watch the wind blow the leaves from the trees. This memory is of one fall day that I was outside, alone, left to explore my surroundings. I remember being particularly fascinated by a pile of leaves that were continuously picked up by the wind. I watched these leaves for some time, swirl and dance around me. I wanted to capture the playfulness and the magic of this moment in this painting with the fun and colorful dancing pink leaves, but I also wanted it to portray something deeper. I painted the contrasting black sun to represent mystery and balance in life.
Finding balance is something I strive to do each day, and I believe it will be my focus this next year. What do you hope to accomplish in 2016? Please share in the comments below.

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This is a spare lamp for BenQ's MX813ST and MW712 projectors. These projectors, which are mainly used for educational purposes, are fitted with a lamp that have a very long lifespan. However, because they're used so frequently and intensely, they run out of their 3,500 burning hours sooner than you'd think. It's therefore wise to have a spare lamp at the ready. This lamp is an original replacement, so it perfectly matches the quality that you've come to expect from BenQ projectors.
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Senior Moves
Evans boss resigns
Friday 7th April 2017
Arcadia Group has suffered another loss in senior management with reports emerging the managing director of its Evans retail chain has resigned.
A spokesman for Arcadia, the retail empire owned by Sir Philip Green, told Drapers that Fiona Ross has decided to step down as the boss of the plus-size womenswear chain to seek a new challenge.
More from www.retailgazette.co.uk...


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Thursday, April 28, 2016
Too many Pine Needles.....
Its been a lot of work, and still alot more to go. Still another 25 pine needles until I start the next phase: assembly.
Its been a rough week at home, with the entire family down with a bad stomach flu. Lasts about 3 days with the worst symptoms lasting 12 hours. I almost wound up in the hospital......but being as severly diabetic as I am, that's not surprising.
But everyone is better now and hopefully I can get some work done. Its been changing sheets, feeding crackers, and mopping up vomit for 3 days.
I also want to make a few more chirimen pieces for the store, but I have been deep into this project.
And I made a joke in passing i never should have, I admitted I would never be good enough to make my own obijime. Well, guess what I am trying to do: make my own obijime (the cord that holds the obi in place. I am cheapening the materials, which i dont normally do, but I am running low on funds with this new kimono. So satin rattail in plum purple and gold perle metallic thread. I know for a 5 ft obijime, I will probably need about 20 yards. So i have to purchase in bulk. And I will need two skeins of the perle thread. I have a pattern I am practicing now, with the simliar materials in different colors (peacock blue and gold). Hopefully it will look good and I will have enough length to hide the ends. Or I am going to have to make an obidome (a obi broach) which would not be difficult, just more work I have to accomplish.
All in all things are going smoothly, and hopefully I can have this accomplished soon.
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The flight back to Miami was a lot more fun than I had thought it would be. We couldn't keep our hands off each other and we had sex on the plane; more than once. Trust me, it's really fun.
When we finally got to Miami I was sad to part ways but he promised to call and visit me as often as he could. Lindy was already at the airport waiting for me so Chase didn't have to drop me off at home.
"June". Lindy screamed as we walked into the airport lobby and she ran towards us and pulled me into a hug.
"Lindy". I say hugging her back with as much vigor. I missed her so much and I couldn't wait to tell her all about Paris.
After she released me from the hug, she and Chase exchanged pleasantries before he left.
"Sweetheart, I'll call you later". He said as he bent down to kiss me once more before leaving.
"Tell me everything". Lindy said giggling as we made our way back to her car.
"I'll tell you later, right now I could eat a tank". I say giggling and blushing slightly because I knew exactly why I was so hungry. Luckily Lindy didn't notice.
We decided to order Chinese so we wouldn't have to stop at a restaurant because Lindy was dying to hear about all that happened.
The food arrived almost at the same time we got home and after eating, I told Lindy everything.
"Wow". She exclaimed.
"I know. Wow!". I say chuckling.
"It almost sounds like a fairytale".
"I feel like I'm living a fairytale. Apart from Chase, I still can't believe Adriana wore my original design or that it was created by Ralph & Russo or that a lot of other celebrities actually want to wear my design". I say breathlessly.
"I'm not surprised about that June, you are an incredible designer. I just don't know why you waited this long before finally showing your designs to someone else". Lindy said touching my hand.
"I guess I was scared. I didn't even show it to Adriana, she stumbled upon it and loved it. I'm just really happy the whole event was a success".
"I'm happy for you too June. Be careful about Chase too, I just feel he is too good to be true". Lindy said quietly obviously not wanting to upset me.
"It's okay Lindy. Stop over thinking everything. I'll be fine".
We talked a lot about the fashion week and I was really happy to relive it again especially with someone that really understands fashion. Finally she left to allow me get some rest and be ready for work tomorrow.
The next morning when I got to the office, I was directed to the conference room and when I entered everyone stood with smiles on their faces including Brandon.
There was a huge cake that spelled my name JUNE, with champagne and champagne flutes on the table.
"What's going on?" I asked.
"It's all for you June, you did such a wonderful job in Paris and we decided to celebrate your first day back at work". Brandon said.
Wow! Coming from him? I must have really impressed him.
"Of course you did". Chipped in my inner self wondering why I was even doubting how good I was.
Trust her to chip in at this crucial moment. Pushing her out of my mind I turned to Brandon and smiled.
"Thanks everyone". I reply still smiling.
"That's not all, after seeing your original design on Adriana, we think you have a natural talent and we want to add your designs to our clothing section. Of course, you can name the line yourself and have full rights to it. We can discuss percentage later on, it is open to negotiation". Brandon said.
"Oh My God! My own line?" I say sitting down. It was all happening too fast, I could barely breathe.
"Yes, your own line. That's what he just said. Try to keep up". My inner self contributed dancing around. I roll my eyes inwardly at her.
Everyone was soon congratulating me, telling me how proud they are of me and how happy they are for me.
We finally cut the cake and poured the champagne and I gradually got over the giddiness.
"Welcome back June". Brandon said as he laid a hand on my shoulder.
My body immediately heated up at his touch. God!! What is wrong with me??
"Thanks". I reply, sipping more champagne before I make a fool of myself.
Minutes later, everyone soon returned to work. The week passed in a blur and our magazine was flying off the shelves. It was named as one of the top 3 magazines to read for the month and the Paris Fashion Week Event alongside Vogue and Elle.
I talked to Chase almost everyday and I received flowers from him daily with a note.
This weekend he was shooting a movie at Santa Monica beach and he invited me to travel with him. How could I say no?
Santa Monica is a city West of downtown Los Angeles and it was beautiful. We were mostly on set at the beach but any free time he got he used it to show me around the city. We visited the Pacific Park, the Santa Monica Pier Aquarium, the State Beach, Muscle Beach and the Museum of Art.
We dined at the Del Frico's Grille, the Mèlisse restaurant for French food and the Valentino for Italian.
It was just 3 days but it was magical, it was always magical with Chase. During the day he showed me the city and at night he loved me till I was all but butter in his arms.
I had to leave for Miami on Sunday and I was sad but I was happy for the time we spent together and I knew we'd see each other soon.
Back in Miami, work was going on well, I'd started to partner with designers who wanted to make clothes with my original designs and also creating more designs for the celebrities that kept calling and requesting for my original design. I was finally where I wanted to be professionally and romantically; I couldn't be any happier.
I met with Chase whenever he was in town and visited him on set whenever I could, my life was almost perfect… That is until everything changed.
Chase invited me to Las Vegas for the weekend, he said it was a relaxation and fun trip for us, no work, just fun and I was very delighted to go.
I'd been doing a lot of travels lately and it was beginning to slowly affect my work but as long as I was with Chase how could I complain?
We left for Las Vegas on a Friday and immediately after we checked in at the Wynn Las Vegas hotel he said we had to get to a friends party. I was surprised as he never mentioned the party but since we were supposed to be having fun I relaxed and got ready as fast as I could.
When we got to the party that was held at the XS nite club, the scene that greeted me was nothing like I'd ever seen before. Worse still, it was as if Chase became an entirely different person here.
The crowd was wild, alcohol everywhere, people where doing shots at every corner, I could even see people doing drugs. Everyone in the party seemed to be in on the fun and very comfortable with themselves and I wondered how Chase could possibly know anyone here. He was so different from them.
I wanted to turn and leave, thinking that we must have made a mistake but Chase was soon pulling me farther into the crowd to meet his friends and I tried to be calm and relax even though I wanted to run as fast as I could out of there.
I tugged at Chase's arm and when he bent towards me, I told him that I wanted to leave and I could swear that I saw a flash of raw anger in his eyes but it was gone immediately that I wondered if I imagined it.
"Soon". Was all he said.
After introducing me to his friends and I said I didn't want to drink he soon joined his friends in drinking.
I knew he drank alcohol once in a while so that didn't bother me but my eyes nearly fell out of their socket when I saw him sniffing cocaine or whatever it was with his friends. I was shocked and too numb to move, I stood there simply astounded.
"You look surprised" a voice said beside me. I turned and saw one of the girls Chase introduced me to.
"I am". I managed to utter.
"You guys have been together for months, I'm surprised you didn't know". She said with a hint of amusement in her voice and then looked at me with a look that quietly pondered if I knew anything at all about Chase.
"Know what?" I asked, even though I already knew I'd hate the answer.
'Uh-Oh' my inner self exclaimed covering her ears.
"Chase is an addict. He's been to rehab a couple of times but he always falls back". She says matter of factly.
"That's impossible, he is always calm and cheerful. And how come he is an addict and a Hollywood superstar and yet no one knows?" I asked shaking my head at the ludicrous statement.
"You'd be surprised how far agents go to protect their clients or how much exclusivity having a lot of money can grant you. Also, who says drug users are grumpy? They are extremely cheerful mostly as long as their supply never ceases". She replies amused as if I don't know anything. Well it seems I don't.
My head is reeling. Chase an addict? Do I even know anything about him? Or have I been living a lie all this while?
I start to feel suffocated and I make my way outside to receive fresh air and clear my head. Minutes later I feel a hand on my shoulder and even though I know it's Chase I immediately tense up.
"Are you okay?" He asks tenderly.
"Yes, I just want to go". I say without turning to look at him. I can't even bear to look at his face. I'm confused and scared.
"Okay, let's go". He replies and turns me around to face him.
When I finally looked at his face, he smiled at me and I knew that what that girl told me was a lie. I smiled back as I chided myself for ever believing her. She was probably in love with Chase and wanted to plant doubts in my head about him. Chase was too groomed and sweet to be an addict.
As we drove back to the hotel, I still couldn't get the thought out of my head because even though he might not be an addict, I did see him using drugs in my presence.
When we got back to the hotel, we made it to the room in silence. I went into the bathroom to have my bath and think more about what to do. When I stepped out, Chase handed me a glass of wine and I sipped it while he helped me dry my hair.
I was still wondering how someone this sweet could be a drug addict and I was also contemplating if I should ask him about it or not. I was already planning to check online for any news about him going to rehab. Absent mindedly, I downed the whole drink in the glass.
After drying my hair I stood up to get dressed for bed when the whole room suddenly started spinning and I felt like I was floating.
"What did you do to me?" I asked him, even though I already knew he had drugged me.
"Shssh". Was all he said as he carried me to the bed and loosened my towel throwing it aside.
He was soon kissing me all over my body and even though a dull part of my brain was mad at him for drugging me and scared of him because I didn't know who he was anymore, a larger part of my brain was highly attuned to his touches and kisses and even thrilled at this new feeling which heightened all my senses.
The feeling was incredible and soon I was tearing away at his clothes like a depraved animal unleashed from its cage. I wanted more of this feeling, it was so exhilarating and out of this world and I never wanted it to end.
As if he read my mind, he brought out the cocaine and spread it all over me sniffing it off me then urged me to do the same.
Soon we were both sniffing cocaine off each other after which we had wild rounds of sex anywhere we could; on the bed, on the floor, on the balcony overlooking the city lights, on the couch, sitting, standing, any position we could think of.
I had so much energy and no matter what we did it kept building up and everything I felt was doubled, if not tripled, it was so exhilarating; this feeling.
And even though I enjoyed every bit of it, that dull part of my brain remained scared because I knew I would never be the same again. This was an experience I knew I'd like to try again, I knew I wouldn't stop here and that scared the hell out of me.


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Sunday, September 13, 2009
Reader's Choice October
The invitation arrived in a black-borderred envelope and was delivered by the beautiful and mysterious transfer student. The inside showed a coffin with the inscription "reserved for You" -- perfect for an al-night Halloween party in an old house on Fear Street.
The party was well under way when the lights went out. That's to be expected at the Halloween party. But when the lights came back on, there was a boy on the floor with a knife in his back. Just a Halloween prank? Maybe. Maybe not. Now the guests trick-or-treating has turned to terror. And it looks like someone's idea of a party game is murder!
Hell House by Richard Matheson
Rolf Rudolph Deutsch is going die. But when Deutsch, a wealthy magazine and newpaper publisher, starts thinking seriously about his impending death, he offers to pay a physicist and two mediums, one physical and one mental, $100,000 each to establish the facts of life after death.Dr. Lionel Barrett, the physicist, accompanied by the mediums, travel to the Belasco House in Maine, which has been abandoned and sealed since 1949 after a decade of drug addiction, alcoholism, and debauchery. For one night, Barrett and his colleagues investigate the Belasco House and learn exactly why the townfolks refer to it as the Hell House.
The Black Cat, The Cask of Amontillado, The Fall of the House of Usher, The Masque of the Red Death, The Murders in the Rue Morgue, The Pit and the Pendulum, and The Tell-Tale Heart are the most well known Edgar Allan Poe works.
If you vote for Mr. Poe please write your top 3 stories in the comment area! That way we can determine what 3 to discuss at the end of October!!
1 comment:
This month we tried to give a wide selection of Horror novels/stories by going Old School (RL Stine's Fear Street still available on Amazon!), 20th Century Horror (Richard Matheson author of Stir of Echos and I am Legend) and of course a master of horror Edgar Allan Poe!!ReplyDelete
I had a really really really hard time narrowing down to only 3 books. I also wanted to avoid any vampire/romance novels as they aren't scary I want to be scared! And today's horror genre is so full of "crap" that I had a time trying to find something published in the 21st century. So, here we are with October's Selections!! So go and vote!!
Cupcakes at Carrington's by Alexandra Brown {book review}
Every month a blog I follow hosts a book club, but the books chosen all have to do with food. Particularly baking. It's very similar to ...
1. Reread the prologue to My Sister's Keeper. Who is the speaker? Is it the same person you thought it was the first time you read it? ...
An angry rebel, John dropped out of school and enlisted in the Army, not knowing what else to do with his life--until he meets the girl of h...
Every month a blog I follow hosts a book club, but the books chosen all have to do with food. Particularly baking. It's very similar to ...


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I havent updated in almost a month; I've been working so hard to provide you the best & most personal project you will ever hear from a new artist; to the point I have disconnected myself from everything and everyone I associate with. That means endless night and sometimes not seeing the sun until; in a sense whats been haunting and yelling inside your mind for ventilation has been created. Until the peace youve been searching for becomes clear and reviving. Some say being alone isnt good for you; but how can they say such a thing when they've never experienced it like I have? I've learned so much about myself through solitude; I found out who I was, I found out who I wasnt, I became closer to what I believe in, it made me stronger...So, how can it be bad? Over the past couple weeks I've finally accepted the fact that I am not normal; I think differently; to your eye I am emotionless, but inside there's parts that scream, claw and rip away for release. I find peace in silence; I find peace in hearing myself, because it is the only person I can fully relate to. The best music I can create I dont think many will ever understand; the therapy some say I need, this world couldnt give me. I honestly feel at times that I am losing my mind and those who are listening to what I have to say; have a front row seat...Then why continue right? because I cant stop thats why. Music is my addiction, my vice...the feeling and high to be creative is undeniable and has too much of a hold to ignore...but then again... maybe I think like this because I am alone...because I dont have someone too comfort me, reassure me and silence the voices in my head...maybe I think like this because I dont let anyone see the real me; the person who is writing this right now and not the person who you see in front of you...I look in the mirror and I see two people fighting, I see an ongoing battle with the winner being nobody at the end of the day. I write these songs because i feel like a fucking yoyo to these women,family and friends; only being called for their own personal use...I feel like an old toy yearning for acceptance amongst a group of people who cant see the same light that shines in their eyes; shines in mine...I believe I say more to myself then I do to others throughout the day...I sort of hate it when people tell me what I do is a gift, its talent, embrace it...Yet all you see is the outcome and brighter end of the spectrum, its not a gift in entirety, its also a curse...The fact that I cant have a normal conversation without over analyzing a situation; the fact that I can not open my heart to the women I care for, because I fear she might fear me...See what solitude has done...I know me...but my mother doesnt know me...my father doesnt know me...but my dream girl does...in my dream world none of this exists..theres no voices that need ease...just peace and understanding...just peace and understanding.So,I ask you not to judge me, not to be scared of me; ignore your natural human instinct to reject what you do not understand.
-I apologize
Tuesday, March 9, 2010
One step from Genius, One leap from Insanity
Posted by Andrew Lewis at 7:22 PM
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This past weekend 11 of us ladies, took off for Bowie, Texas. Our destination ..... a lovely looong Weekend Scrapbook Retreat, in the country, called Hobby House Hill. It was an early birthday present to me, from 3 of my friends, and an AWESOME present it was too.
This was our home for the weekend ...
It was a venue very conducive to producing many lovely layouts ..... and that we did. I learned a fair bit about how I scrapbook ...... I'm a slow scrapbooker ..... my pages have to set the theme .... I'm definately a solid color cardstock girl (although I have a great love of patterned paper), and my Cricut is without a doubt my most used tool !!!
Want to take a peek at some of my layouts .... (I was working on Girl Child's Elementary School years ... see, I told you I was slow .... She goes to High School in the Fall!!!))
See what I mean by my Cricut being my best friend !!!!
One of the best parts of the weekend ...... all of our meals were prepared and served to us, and let me tell you, we ate VERY well. The food was all home cooked and delicious !!! One of the desserts we had was Scandinavian Almond Cookies. They were quite simply out of this world !!! I got home and scoured the internet for recipes. I found THIS recipe, and gave it a try today. I expected to have to try a few before I struck gold. Not this time, this recipe was spot on !!!! Crisp, almondy and melt in your mouth. Definately, hands down, my favorite of all time cookie ..... sadly (or maybe not), I'm the only one in our house that likes the flavor of almond ...... lucky, lucky me !!!!
Thanks for popping by. Give this recipe a try ..... it may just become your best ever, favorite cookie too ...


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R.L. Boyce is a traditional blues and hill country blues artist from Como, Mississippi best known for performing on his front porch and at raucous house parties - but last year he brought his music to the world and released an incredible record by the name of Roll and Tumble via Waxploitation Records.
Full of improvised blues lyrics and wondrous guitar playing, the record got him a Grammy nomination and also saw him take his first ever trip to London to perform on Jools Holland. During that trip he took a day out to visit Kent and shoot this short film with director Fiona Jane Burgess.
Titled A Two Letter Word, the clip includes an interview with Boyce talking about his upbringing in the American South in the 1960s and features him practising ahead of his debut TV performance. It's a beautifully put together piece and a rare insight into a truly fascinating musician.
Take a look at it above and stream the wonderful Roll and Tumble via Spotify below!
R.L. Boyce is set to announce UK dates shortly, so keep an eye out for news over on his Facebook.


text: HOWARD J. CLARK, 64, 908 Ridgeview Drive, Apopka, died Monday, Oct. 14. Born in Elvins, Mo., he moved to Apopka from Michigan in 1976. He was retired from the U.S. Navy. He was a member of the Church of God. Survivors: wife, Anna; sons, Randy A., Apopka, Rusty L., Ocala; brothers, Eugene, Whiteland, Ind., Lloyd, North Carolina; sisters, Ethel, Niles, Mich., Virginia, Tennessee; one grandchild. Baldwin-Fairchild Funeral Home, Apopka.


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October 1, 1875
MORSELL ET AL.v.FIRST NATIONAL BANK.
APPEAL from the Supreme Court of the District of Columbia. The facts are stated in the opinion of the court.
The opinion of the court was delivered by: Mr. Justice Swayne delivered the opinion of the court.
Mr. J. J. Johnson and Mr. R. K. Elliot for the appellants.
Mr. Enoch Totten, contra.
The question presented for our determination in this case is, whether a judgment at law is a lien upon real estate in the city of Washington, which, before the judgment was rendered, had been conveyed to trustees with a power of sale to secure the payment of the debts of the grantor described in the deed of trust.
The facts, so far as it is necessary to state them, are few and simple:––
On the 4th of November, 1867, the appellant, Morsell, executed a deed of trust to Flodoardo Howard to secure the payment of certain promissory notes held by the cestuis que trust, as set forth in the deed.
On the 21st of October, 1869, Morsell executed a like deed to Frederick W. Jones and William R. Woodward to secure the payment to the Co-operative Building and Deposit Association of the sum of $3,050 and future advances.
On the 24th of January, 1871, the appellee, the First National Bank of Washington, recovered a judgment against Morsell for $800, with interest from the 17th of May, 1869, and costs. Execution was issued upon this judgment, and returned nulla bona.
On the 10th of February, 1871, Means, Skinner, & Co. recovered a judgment against Morsell for $267.68, with interest as specified, and costs. Execution was returned nulla bona also upon this judgment.
On the 1st of March, 1871, Morsell executed to Frederick W. Jones and Joseph R. Edson another deed to secure the payment to the association above mentioned of the sum of $1,060 and future advances.
All these deeds were of the same premises; to wit, lot No. 44, in reservation No. 10, in the city of Washington.
Advances were made to Morsell by the association named from time to time, after the execution of the deed of trust of the 21st of October, 1869, to the amount, in the aggregate, of $2,950. The latest advance was one of $500, made on the 11th of January, 1871. The entire amount claimed to be secured by this deed was, therefore, $6,000.
The amount secured to the association by the deed of the 1st of March, 1871, was $1,500. The latest advance under this deed was made on the 27th of April, 1871. There is no controversy as to these particulars.
On the 22d of September, 1871, the bank, in behalf of itself and such other judgment creditors of Morsell as might choose to come in and be made parties, filed this bill. It was subsequently amended in the prayer. It brought the proper parties before the court, and prayed that the premises described in the deeds might be ordered to be sold, the ...
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Jamie Carragher insists Liverpool have enough firepower to get through to the January market.
Roy Hodgson made no secret of his desire to add striking reinforcements - but only if the right player came along.
That didn't happen, but Carragher is not concerned.
"If you take into account the changes at the club in the sports science department, I think up to now we have done quite well at the start of the season with injuries," the vice-captain told liverpoolfc.tv.
"We are looking for Fernando Torres to stay as fit as possible but I think David Ngog in the last 12 months is a completely different player, and his start to the season has been fantastic.
"We've also got Dirk Kuyt and Ryan Babel as well."
Click here for the best Liverpool coverage on the 'net. All your Reds news and gossip in one spot.


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The Daily Yomiuri,
1-7-1 Otemachi,
Chiyoda-ku, Tokyo 100-8055
I prefer a social health insurance system, like Japan's, Britain's or Canada's to a free-market system like what they have in America because I think it is abhorrent to have something as important as health care entrusted to a capitalist corporation. Government run public health systems have their problems, but when problems occur I know the local parliamentarian's constituency office address and I can complain directly to a culpable person, a person responsible for the administration of the system, not some unknown, faceless business executive at an HMO. So long as governments tax us and take our money they are shouldering a heavy responsibility: anyone who takes my money owes me. They become my employee and our relationship is changed dramatically. I pay all my taxes and appropriate expenses in my life in Japan, and in return I expect maximum benefit.
Doctors and nurses are at the grass roots of the social health system and as such they are first in the firing line of public ire ("Hospitals worried by patient behavior," September 4, 2007). I would not say that anyone "deserves" harassment or verbal abuse. But as public servants they are in the same boat as teachers, librarians, fire and police officers, city workers, federal politicians, etc. They are the employees of the users / patients. If employers are dissatisfied with the performance of their employees, they get angry, they reprimand them and sometimes even fire them. When I sit in a Japanese out-patient waiting room for more than three hours just for a ten-minute consult to have a prescription renewed I am justly angry. It is akin to robbery, because I could have been working and earning money during that time and both my time and my money are stolen from me for insufficient reason. It's only natural for people's anger to exceed their endurance.
But I could be wrong.


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Hello Everyone! Just wanted to remind everyone and any new readers since last year that I have a free Fathers Day kit that you can download here on my blog. You can check out my post here for all the downloads. Here is a reminder of the kit. This was my first full size kit as a wanna be designer! I have not had time to really play around with designing much since then but hope to in the future!
Hope you enjoy!
Father's Day.
Here is a closer look at the papers.
You should also check out this blog here where Cheng has created a fun free Fathers Day Printable using my kit that you can download!


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Every day I take the liberty of using a bus to commute into school. Now I don't like to consider myself a bus snob but you know the kind of bus I'm talking about. The kind which rattles like the few pennies in your pocket ( which, may I add, is all the money you have left in your pocket once you've paid the ever growing price to a actually step onto one of these rattling machines.) The kind where condensation – or sweat ( I'm never quite sure which and don't like to let my mind ponder on it too long) drips from the windows. The windows which, everyone seems to be staring out of, in order to avoid eye contact with the other passengers, despite the fact that they are coated in a layer of grime and leave everything outside the bus to the imagination. If you still don't know the kind of bus I'm talking about then you must have really missed out on the opportunity to gain insiders information into the life of one of your fellow passengers – the one hailing their feelings down the phone to an unsuspecting friend as everyone on the bus leans in, with a mixture of annoyance and suspense, to hear more about this strangers life.
Now, as I'm sure you are aware, riding on these buses is always an interesting and exciting experience. One that, a couple of weeks ago, I tried to further enhance through a little guessing game – guessing, from when a passenger stepped onto the turbulent monstrosity- where they would sit. And the funny thing is? Not to toot my own horn (no pun intended), but I'm rather good at this little game of mine. Human kind don't like to consider them selves predictable or straightforward but the thing is where you sit on the bus comes down to what you are like as a person – its a science in its self ( or should I say a psychology?) One that after hours of observation- sometimes while being squashed between an oversized passenger to my left and a chewing gum covered window to my right or being sat in the heavy aroma of mayonnaise from the guy's sandwich behind me as it surrounds me like a thick smog – I've come to crack.
The Unafraid Upstairs Passengers
Now let me tell you, from my extensive hours of research and unrefined expertise of being a psychologist, that the upstairs passengers are the ones who have the most confidence, the ones with the best health and the ones who are most self- assured – I could almost say cocky but I'll leave it at self-assured.
I think it has something to do with the stairs. They seems to be a physical and mental sieve – stopping those too frail or too unadventurous or too insecure- from reaching the heavenly altitude of the upperdeck. Those too frail don't want to risk falling down as they clamber up them and they don't have the agility and speed to ensure they can get to the top before the bus lurches to a start when leaving the bus stop.
Those too complacent and unadventurous are mentally unprovoked by the stairway to heaven which leads the adventurous up to new heights where the world can be experienced from a whole new angle.
And the insecure – well they hear this gold coated call to glory from the stairs- but can't risk the agony and embarrassment of slipping down a few of the stairs,they can't stand the awkwardness of where and how to cling onto the bus,as you also cling onto your bag, as you wait at the top of the stairs for a moment until the bus movements are slightly gentler and you are given three fleeting seconds to make your way to the lower deck before the bus will jerk you off your feet again. Most of all, however, they can't risk actually falling down the stairs to end up as a heap on the downstairs deck in a way which cause the diffident downstairs passengers the shift their eyes from the grimy windows and scrutinize, with their thoughts, this naive passenger who dared upstairs and reached for more, even though they clearly belonged on the lowly lower deck.
And so the upperdeck is reigned by the confident. Those most adventurous will gravitate towards the front seats of the upperdeck where the large windows allow them to see the world in a whole new way. The confident and the self assured will gravitate towards the back of the bus where they can look down and keep an eye on the movements of the other passengers and the rest of us – not so extreme either way on the spectrum- will mingle in the seats between – smug that we have reached the upper deck and without the yearning for more.
The Diffident Downstairs Passengers
Left behind – quite literally- on the bottom deck we get the impoverished and weak remainders of society. The weak, the insecure and the unadventurous. Now, I have to be honest, this is me on a daily basis and I don't think there's anything wrong with those left on the bottom bunk of the bus. We are just more predictable than the rest and it soon becomes easy to see who's who in this category of people.
The frail. Now if you can't spot them from the cast on their leg, the zimma frame by their side or the wrinkle on their cheek, these are the people sat at the front of the bus and I've got to say, you've got to admire them. These are usually the people who have been demoted from a life time of high living on the upper deck to either a temporary or permanent seat as close to the driver as you can get . While old age and bad health knock the unadventurous and the insecure right off the bus – stopping them from ever getting on again- those at the front of the downstairs deck are the loyal ones – the ones who sit with the other passengers in solidarity and will continue to travel by bus until the unfortunate and bitter end. Even when the going gets tough and the ramp needs to be used to help these people past the first, oversized step onto the bus or when they have to awkwardly ask a fellow passenger to vacate the seat reserved for the frail because they need it, they will still be on the bus. I can't begin to imagine how much these front downstairers have paid, all together, in bus fares in their life time or how many hours they have sat through the stench of stranger's food or how many people they have got to know through eavesdropping on far too loud conversations on the phone. But, by golly, its these loyal people that have kept the bus company's up and running and these people who love the bus for all its faults so you better respect them.
Right behind these people, you get the insecure and they really are a tough lot to come across. They've taken a risk even stepping onto the claustrophobic, unpredictable environment of the bus and by the time they've muddled their way down the aisle to quickly find a passenger-less row of seats and tried to sit down without dropping something, or looking awkward or making too much noise their meagre store of confidence has pretty much been depleted. And so out comes the handbag, the coat or pretty much anything onto the seat next to them in order to stop anyone even considering taking that seat and raising the awkwardness of their bus experience to a whole new level. Should the dreaded moment appear when, in fact, someone needs to take this seat because the bus is full, the insecure will avoid eye contact, shrink as far away as possible from this unsettling co-passenger and even, in the most severe situations get off only when the passenger next to them holding the aisle seat gets off in order to have to avoid asking them to move. You're fairly unlucky if you're sat next to one of this lot but you've got to give it to them that they've actually made it onto the bus because, quite frankly, if I didn't have to, I wouldn't bother.
The last category using the downstairs deck is the unadventurous and if you've got on the same bus at the same time for more than a couple of times not only are you at risk of joining this category but there's a very good change you can spot this category. The golden call to go upstairs has left them unaffected and they go one step further than this – they sit in the same spot journey in and journey out. The same side of the bus, with the same dim view of the outside from the windows, with the same amount of leg room and the same angle of the bus. And if anyone dares – by accident, by the fact that they are uneducated in bus etiquette or by the fact that they are new to the bus running at this time- to take an unadventurous passenger's 'reserved' seat the of surprise and confusion displayed is evident and followed by a lost attitude as if the unadventurous passenger no longer knows what to do with themselves. If you are the unadventurous type, after a couple of seconds, you'll know what you do next: you'll find a seat, as close the the original as possible, being careful to ensure that it is not a fellow unadventurous-passenger's seat and this will become the reserved seat until this is, once again, stolen.
The Anomalous
Finally, and I'll make it quick because time is getting away with itself and if you're reading this on the bus you've probably almost reached your destination, as with everything in science the laws of the psychology of seating on the bus has its own anomalies and they're worth mentioning just to be aware of.
With Friends- A group of friends will ALWAYS go upstairs. In this mix of people the insecure are made to feel – or rather forced to feel – confident and are quite literally dragged up onto the upper deck. If you are observant you'll see the insecure members of the group lingering behind the rest – unsure what to do with themselves as they walk upstairs and glancing longingly over their shoulder at those comfortable passengers on the downstairs deck. In a group, however, the confident pave the way and even the unadventurous gain access to the upstairs world of the bus.
The Children- You can never guess where children are going and that's a fact. The only thing you can be sure of is the wearied look on parents faces as they are dragged to explore each seat on the bus and their frustrated and snappy remarks to try and get their children under control. Children have not yet developed into being either the confident, the insecure, the adventurous or the unadventurous and so the bus is like the playground – a place to explore and try new things much the the parent's dismay.
Those longing for the past- Every now and then a slightly frail member of society – perhaps one with a limp- will clamber onto the bus and take me by surprise : rather than taking the seat nearest the front they will go on up to the upperdeck with an air of pride and nostalgia. Its this anomaly, I have come to conclude, that are in denial and are longing for the past. They can't bear to accept that the childhood and younger years of stealthily climbing up the stairs have long passed and so they sit among the school children upstairs feeling smug but looking very much out of place.
The tedious talkers- Now, within the rules of seating on the bus, those confident enough to share their lives with the rest of the passengers on board should be with the confident – upstairs and as far back as possible. However, the tedious talkers are always found downstairs – intriguing the frail, the insecure and the unadventurous with their tales. The only reason that I can think of is that these talkers are so desperate to talk that the extra few seconds that it takes to get upstairs is time that could be spent talking and so they stay downstairs. Or perhaps, and its probably a more likely reason, upstairs the hustle and bustle of the confident and unadventurous makes for disconcerting background noise and so the only way to hear the person on the other end of the line is to sit amongst the silence of the downstairs deck. I don't know how they are so willing to share their lives but it makes for an interesting bus journey for me so I hope the tradition continues and the tedious talkers pass their skills onto the next generation.
Now that I've told you all about the laws and psychology behind seating on the bus I've got to ask you to liven up your bus journey by playing my little game – can you guess where someone is going to sit on the bus from just seeing them? Give it ago and you may be surprised at how accurate these laws really are. Oh, and don't forget, someone else on the bus is probably finding it just as easy to guess where you will sit!


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(LOS ANGELES, CA) -- Clips4sale.com, the most comprehensive, user-friendly source of fetish video on the internet and the #1 online destination for amateur fetish clips, will have two incredible women, Bree Olson and Ashley Fires, signing at the booth at this years Venus International Trade Fair, held in Berlin, Germany, from October 15th through October 18th.
''We are delighted to have these two wonderful ladies at our booth,'' says Abe of Clips4Sale. ''We look forward to their presence; expect a lot of people attending the show will enjoy meeting them.''
Clips4Sale.com will be located within the fair, Halle: 20, Stand: 86, where owners and representatives from the company will be on hand to answer questions about the company, talk to new studios interested in delivering content, consumers who are in desire of any of the millions of fetish videos the company distributes, and for media who want to learn more about the growth and strength of Clips4sale.com.
Bree Olson, a Penthouse Pet and contract starlet for Adam & Eve, and Ashley Fires, internet model sensation, will be signing autographs, meeting fans, and introducing new consumers to Clips4sale.com.
While plenty of sites offer streaming video, Clips4sale.com enables visitors to purchase and download clips in an array of formats for their own collections so they can be enjoyed anytime, regardless of Internet access or bandwidth issues. The site serves as a mega-mall for fetish-clip collectors proudly serving up more than 1,000,000 videos from thousands of producers and studios in more than 250 categories
Clips4sale.com has fetish fans covered, with a stunningly vast and diverse collection of ultra-stimulating specialty video ready for instant purchase and download. Upon arriving at the site, users can search by category, studio or keyword ensuring theyll not only find what theyre looking for but will also discover new treasures aplenty. In addition, Clips4sale.com hosts a growing number of live cams for specialized pleasure-seekers. All of this content is generated by producers who are deeply involved in the fetish community, and with whom Clips4sale.com has cultivated strong professional relationships over the past seven years.
Clips can be downloaded in .avi, wmv, .mov, mp4 and several other formats; theyre protected by DRM (digital-rights management) to prevent trading and illicit redistribution, requiring a (very quick) licensing process. The thorough FAQ section explains which players work with which formats. Clip collectors have the option of paying with a prepaid Gizmo Card or the new Clip Cash Card (essentially the same as cash), or with a conventional credit or debit card.
For more information, please contact one of the following: Brian Gross, BSG PR, 818-340-4422 Email: firstname.lastname@example.com.
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text:
Hi, I am currently coming to an end to my university studies, for the last project I am required to gain as much feedback as possible on my portfolio in preparation for employment. This is really important so even if it's a very short comment please give any feedback! Thank you
Artstation: https://www.artstation.com/artist/marcusfairbairn
Showreel: https://vimeo.com/218154809


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March 20, 2008
JOHNICE JACKSON ET AL., PLAINTIFFS,v.DISTRICT OF COLUMBIA, DEFENDANT.
The opinion of the court was delivered by: Ricardo M. Urbina United States District Judge
Document No. 20
The plaintiffs, minor children and their parents, grandparents, guardians and court-appointed educational advocates, bring this action to collect attorneys' fees and other costs pursuant to the Individuals with Disabilities Education Act ("IDEA"),20 U.S.C. §§ 1400 et seq., and seek a declaratory judgment that § 327 of the District of Columbia Appropriations Act of 2005 violates the plaintiffs' due process rights guaranteed in the U.S. Constitution and the IDEA. The defendant argues that the D.C. Circuit has already ruled that the fee cap imposed by § 327 on the recovery of attorneys' fees under the IDEA is constitutional and that the plaintiffs have otherwise failed to state a claim. The defendant is correct in stating that the D.C. Circuit has already upheld the fee cap against the plaintiffs' arguments, but the plaintiffs may still request that the court award attorneys' fees and costs under the IDEA. Accordingly, the court grants in part and denies in part the defendant's motion to dismiss the complaint.
The plaintiffs are 63 minor children and their parents, grandparents, guardians and court-appointed educational advocates. Nineteen of the 63 child plaintiffs are wards of the District of Columbia. Am. Compl. ¶¶ 6, 8, 10 - 17, 25, 36, 37, 44, 47, 49, 50, 59, 67. All of the plaintiffs participated in administrative due process hearings*fn1 to challenge actions taken by the District of Columbia Public Schools ("DCPS"). Id. ¶¶ 6-68. The plaintiffs allege that they were prevailing parties against DCPS in the due process hearings. Id. As such, they submitted petitions for attorneys' fees to DCPS. Id. But, § 327 of the District of Columbia Appropriations Act of 2005 caps the District of Columbia's payment of IDEA attorneys' fees at $4,000 per action. Pub. L. No. 108-335, 118 Stat. 1322 (2004).*fn2
On January 19, 2007, the plaintiffs filed a two-count complaint alleging that "[a]n incongruity continues to exist between Section 327 of the District of Columbia Appropriations Act of 2005 and the provision of the IDEA that permits [c]courts to award attorney's fees" and that "[c]courts cannot leave it up to Congress to resolve the issue." Compl. ¶ 70. In addition, the complaint asserts that the attorneys' fees "cap effectively limits the access of the District of Columbia's poor families to quality legal representation, which impairs their due process protections under the IDEA." Id. ¶ 72.
On May 18, 2007, the court granted the plaintiffs' request to amend their complaint. Minute Order (May 18, 2007). In their amended complaint, the plaintiffs added a third count, contending that the "[d]efendant unreasonably reduced Plaintiff's fees." Am. Compl. ¶ 75. In light of the alleged violations, 30 of the plaintiffs seek recovery for attorneys' fees in excess of the $4,000 cap. Id. ¶¶ 7, 19, 21, 22, 25, 27, 29, 30, 32-35, 37-39, 41, 42, 44, 49, 51, 54, 56-58, 62-64, 66-68. The remaining plaintiffs seek recovery for attorneys' fees at least in part below the cap. Id. ¶¶ 6, 8-18, 20, 23, 24, 26, 28, 31, 36, 40, 43, 45-48, 50, 52, 53, 55, 59, 60, 61, 65. In total, the plaintiffs seek $65,256 below the cap and $174,776.60 above the cap. Id. at 60-65. The defendant filed a motion to dismiss the amended complaint on June 4, 2007 to which the court now turns.
A. Legal Standard for Rule 12(b)(6) Motion to Dismiss
A Rule 12(b)(6) motion to dismiss tests the legal sufficiency of a complaint. Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002). The complaint need only set forth a short and plain statement of the claim, giving the defendant fair notice of the claim and the grounds upon which it rests. Kingman Park Civic Ass'n v. Williams, 348 F.3d 1033, 1040(D.C. Cir. 2003) (citing FED. R. CIV. P. 8(a)(2) and Conley v. Gibson, 355 U.S. 41, 47 (1957)). "Such simplified notice pleading is made possible by the liberal opportunity for discovery and the other pre-trial procedures established by the Rules to disclose more precisely the basis of both claim and defense to define more narrowly the disputed facts and issues." Conley, 355 U.S. at 47-48 (internal quotation marks omitted). It is not necessary for the plaintiff to plead all elements of his prima facie case in the complaint, Swierkiewicz v. Sonoma N.A., 534 U.S. 506, 511-14 (2002), or "plead law or match facts to every element of a legal theory," Krieger v. Fadely, 211 F.3d 134, 136 (D.C. Cir. 2000) (internal quotation marks and citation omitted).
Yet, the plaintiff must allege a "plausible entitlement to relief," by setting forth "any set of facts consistent with the allegations." Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1967, 1969 (2007) (abrogating the oft-quoted language from Conley, 355 U.S. at 45-56,instructing courts not to dismiss for failure to state a claim unless it appears beyond doubt that "no set of facts in support of his claim [] would entitle him to relief"). While these facts must "possess enough heft to 'sho[w] that the pleader is entitled to relief,'" a complaint "does not need detailed factual allegations." Id. at 1964, 1966. In resolving a Rule 12(b)(6) motion, the court must treat the complaint's factual allegations -- including mixed questions of law and fact -- as true and draw all reasonable inferences therefrom in the plaintiff's favor. Macharia v. United States, 334 F.3d 61, 64, 67 (D.C. Cir. 2003); Holy Land Found. for Relief & Dev. v. Ashcroft, 333 F.3d 156, 165 (D.C. Cir. 2003); Browning, 292 F.3d at 242. While many well-pleaded complaints are conclusory, the court need not accept as true inferences unsupported by facts set out in the complaint or legal conclusions cast as factual allegations. Warren v. District of Columbia, 353 F.3d 36, 40 (D.C. Cir. 2004); Browning, 292 F.3d at 242.
B. The Court Grants the Defendant's Motion to Dismiss the Plaintiffs' Constitutional Claims
The plaintiffs argue that the fee cap is constitutionally unsound. Pls.' Opp'n at 5-7. Count 1 of the complaint calls on the court to overturn the cap because Congress lacks authority to "restrict an Article III Court's ability to award and enforce judgments in IDEA cases." Am. Compl. ¶ 71. This count is identical to one raised in Gray v. District of Columbia, 477 F. Supp. 2d 76, 79 (D.D.C. 2007). In that case, the Circuit affirmed the court's determination that the fee cap "does not constitute ...
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text:
Okay....just got an email and I think our NVC was approved and we're now ready to get our article 5!!! With the new Hague rules there are a few more steps than when we adopted Zoe.
NVC- (National Visa Center) : within 1-3 business days, the NVC will "cable" (basically emailing/sending electronically) your file to the US Embassy in Guangzhou, China. This is approval of your visa petition.
Here's a re-cap (I think this is right) of what we have left:
Article 5: If the consular officer approves the application, he'll send the convention country's Central Authority - it oversees adoptions in the country - an Article 5 Letter, stating that you're a suitable adoptive parent and that the child will be able to enter and reside permanently in the US. You cannot adopt a child without the article 5 letter. after that........
TA (travel approval): We then get approved to travel and things should really start happening fast. Once we get TA, we will probably travel in about 2 weeks (or less?!!?!?). after that......
CA (Consulate appointment): this will be about a month after TA and it's our last thing we do in China before leaving for home.
So that's it in a nutshell....things are moving along and our little sideline "to do" list is slowly dwindling and heading to the "ta done" list!


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And this is right on the heals of last week's feeding frenzy circling J.P. Morgan Chase. J.P. Morgan Chase! This ain't Fred's Bank. Got $1500? I'll put it right here, in the white suit, top right pocket. (That's an old Steve Martin bit, back in the 70s.)
An insane proposal to tax savings accounts coming right on the heals of JPM's skewering, indeed, vividly exposes this firm's woes for what they are: no different than Bear Stearns or Lehman Brothers. Everyone's bankrupt. Everyone's a target. That's how it was in 2008. That's how it still is now.
Yet JPM is a special breed. The attack on it suggests a decisive, U.S. split from London might be in the making.
So, let's see talk of breaking up big bank holding companies become a brisk walk, then. Otherwise, Congress too could play into the hunt for chaos, particularly if legislative movement invariably toward Glass-Steagall proceeds at a crawl.
Reviewing recent history, chaos is preferred because that's how ill-advised, hasty submission to cures worse than the disease are swindled. Has this framework not more or less characterized those most notable crises of the 21st century thus far?
And maybe that's the gist of the JPM feeding frenzy and increasing talk of breaking up big banks. Congress is signaling its sense that, willfully contrived crises are not going to be tolerated. Yet truth is someone likely will have to be punished for this kind of institutional directive to have even negligible impact. Negligible because only hastened is motivation precipitating panic and nothing but a mess will come of it.
Well, big picture, this is scenery decorating 2013 in a manner putting a challenge of March '09 lows in the crosshairs—or at least something of a scare along these lines, anyway. Oddly enough, it seems more are asleep to any negative possibility now than was the case in 2008. They may not ring a bell when it's time to sell, but sowing seeds of panic certainly is becoming fashionable these days...
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Nothing is set in stone. Nor is the stock market's path of least resistance always known. More often than not, there are no stock index option positions recommended.
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Manchester United have joined Chelsea in the race to sign Juventus forward Paulo Dybala, reports Mundo Deportivo.
The paper claims that Antoine Griezmann's decision to remain at Atletico Madrid until their transfer ban has ended has thrown such a spanner in Jose Mourinho's summer plans that he has moved the Argentinian to the top of his transfer window wishlist.
Dybala, who was brilliant for Juventus in their run to the Champions League final, has a host of admirers, with Chelsea, Real Masrid, and Barcelona all being heavily linked with him in recent months.
While it remains to be seen whether the player can be prised from Juventus, Mourinho is reported to see him as the ideal Wayne Rooney replacement for Man Utd as he embarks upon a summer revamp of his squad.


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|The Power of Love DVD5
The Power of Love shared between two strong and masculine men in their deepest throes of passion is unmatched. The romantic odyssey begins with poolside lovers Rafael Carreras and Mitchell Rock, who have intense sex together. Vito Gallo and Alex Marte romance one another against the waves of the Aegean. Will Helm and Tony Axel experience sexual ecstasy while overlooking the Greek countryside. Michael Lucas makes secret, romantic love to Mathew Mason. And Jonathan Agassi bathes and admires Trenton Ducatis muscular body in the sea. The Power of Love has never been stronger.
Age: College Freshmen to Late 20s, Age: Daddies/Men, Body Types: Beefy/Bodybuilders/Muscle Men, Body Types: Gymnasts/Ripped/Swimmers, Body/Chest Hair: Hairy and Smooth Guys Together, Cast's Looks: Beautiful/Model/Stunning, Cast's Looks: Chiseled Face/Handsome, Cock Sizes: Big and Thick, Cock Sizes: Horsehung/Size-Queen Alert, Cumshots: Facial/To the Face, Cumshots: Oral/Swallowing, Deep Throating/Gagging, Deep/Manly Kissing, Facial Hair: Five-O-Clock Shadow/Scruff, Fetish: Bathing Suits/Speedos/Wetsuits, Foreskin Play/Uncut Cocks, Hot Tub/Swimming Pool, Men in/of Greece, Outdoor Sex, Passionate/Tender Lovemaking, Rimming (Ass Eating), Sex on the Beach, Tattoos: Extreme/Full Sleeve/Heavily Inked, Theme: Romance
|2015-12-22 23:18:49
|3.79 GB (4,066,705,408 bytes)
|Num files
|9 files


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Your Gift is Intellect
You are a big thinker, and you're always playing with new ideas.
You are curious about the world. You enjoy learning and developing new theories.
You enjoy researching, analyzing, and solving problems. Thinking hard feels good!
You're the type of person who finds most mental tasks to be easy. You love to stretch your brain.
Saturday, June 13, 2009
What's Your Gift?
Labels: Quizzes and Memes
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The writers went to a tea party.
Interestingly, Fern and I weren't invited. Apparently they didn't talk much about us, discussing other books as well as our story. And apparently the food was delicious and some would have appealed to Fern's more hippie palate due to gluten free and decreased sugar etc.
But I wonder why we didn't receive the invitation.
Again, as I apparently have to do every time I post, I must remind the writers. This story is about us. Our murder, our little village quaked with fear and riddled with crime. My scars. My PTSD.
So. I will just do my own little tea and not invite the storytellers! I can throw a party like nobody's business. I am the queen of events. I received a little cross stitch to that effect. It's on my wall. (Well, I found it and purchased it, but it's true! And it was on sale so it's like it was a gift!)
I will be serving:
Pumpkin Molasses Bites
Coconut Clouds
Toast Points with Umami Gravy
Sprout Slaw
Cinnamon Roll Apple Pie (I just saw this on Pinterest!)
Holiday Chutney
And Decadent Fudge Silk Pie
The writers received gifts. Hand-made gifts including bouquets made from found flowers. So you can be sure there will be a fabulous theme tied to this tea party as well. And soaps and other wonderful things made by myself. Also, I will be inviting dogs to come with their owners and we will make them cute little neckties or booties or something with ruffles.
That's all for now. I have an epic party to plan!


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How To Install A Network PrinterThe ability of printers to produce materials that are compatible with the human body is improving rapidly. To choose the most excellent option, one should perform a relative study and analysis of available alternative of printers. You may think that these printers would be huge and very cumbersome, but this is not always the case. However, laser printers are usually bulkier and noisier than the equivalent inkjet printer and will take up more space on your desk. In addition to creating math objects, 3D printers have opened up a wonderland of options for designing components of larger experiences used to facilitate mathematical thinking.
It sees the global market in 3D printers and related services growing to almost $11 billion by 2021 from $2 billion in 2012. It can also configure the cutting conditions and other functions on the plotter. Plotter printers utilize Husky Dollars to print; they are not part of the Northeastern Printing serwis ploterów HP . If any of these more industrial-looking printers strike your fancy, they'll ship at roughly the same time as the Press.
Dentro del naprawa ploterow hay tintas líquidas que en caso de movimiento transporte pueden salir de sus recipientes y pueden dañar alguna placa electrónica el sistema mecánico. As soon as your machine has been evaluated by a technician, you will receive an update on the condition of your printer. It amazes me how precise this plotter is. All the lines are spot on, even when drawn with a very fine pen, and the plotter never seems to lose sync, even after drawing thousands of small boxes.
For home offices which are printing documents, graphs and charts, they have to choose the best brands of printers that can perform these tasks. Produce crisp lines and detailed drawings, using Original HP inks and printhead technology. When I last checked, they will pay for the shipping and handling of only Compaq and HP printers They also have a buyback option for people who are interested in getting a little cash back.
The Designjet T120 is your only option if you wish to scale back from the T520 - available in the A1 size only. For A0 you'd opt for the Designjet T920 A0 printer - also available in PostScript. In comparison to more expensive technologies like thermal wax, dye sublimations, and laser serwis ploterow z Poznania, the inkjet printers have the advantage of practically no warm-up time and lower cost per page (except when compared to laser printers).
Laser printers are capable of producing good quality prints on all kinds of printing paper but the inkjet printers will require inkjet paper to produce good quality prints without any fuzzy edge brought about by 'bleeding'. It's the more profitable route compared to the buy back programs companies offer. ZASPs are Zebra Partners who are trained and authorized to provide repair services for Zebra printers.
Go straight to our Best Buy printers for a great printer with the features you need. When your stuff breaks, they want to be the only people allowed to fix it. So far, they've managed to stop Fair Repair legislation before your representatives get a chance to vote on it. We've got to be louder than their lobbyists. They're also referred to in terms of their features - like wireless printers - or the tasks their best suited to - like home office printers.
This allows you to automatically save copies of your work to the cloud, email projects and print to your Designjet T520. Remanufacturers rebuild products to OEM specifications by using a combination of used, repaired and new parts. On the other hand, laser printers produce high-quality output at a lower cost per page. CIS has a contract with Managed Service Provider Kemtah to provide printer support and repair.
This year, the people of North Carolina have a chance to guarantee their right to repair their equipment—like tractors, farm equipment, digital equipment, and even cell phones. Some companies will actually take away your old computers, naprawa ploterow and cartridges and other unwanted hardware, they may give you money or coupons that can be used for future purchases.


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As most of you heard bitcoin exchange BitFinEx lost about 120k coins today.
It may not be as big of a loss as 850k coins stolen from mtgox, but is still pretty remarkable loss that may shut bitfinex down for good. The news didn't fare well for the price of bitcoin, as it tanked 20% instantly after the news hit the market
We've been trough Mt.Gox, can we handle another exchange collapsing?
I think it's a walk in the park for the bitcoin community by now, as the only thing that this news could affect is the price. And even that doesn't matter, since there way too many applications built on top of bitcoin. The collapse of one application doesn't change the fact that there are many others to replace the collapsed one. I'm still bullish on bitcoin, but until the price picks up again.


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Tuesday, October 20, 2009
Tuesday Transfer Day
I have really missed sharing vintage transfers ever since the Vogart scare of 2008. Most of my vintage patterns had been Vogart so it really had diminished my fun of sharing those patterns with everyone. I have since bought lots of Workbasket patterns and other non-Vogart ones. My plan is to share one pattern a week here on Tuesdays I hope you will come by to see them. I will also be throwing in an occasional Vogart pattern.
This week it does happens to be Vogart pattern 707 I have shared it before but hope you will still like it. This one is is one of my favorites because of the roses and the little birdy trying to play that violin. Bless its soul it will never work.
This is my favorite rose and I do hope you enjoy it. If you stitch it up let me know, I love to see how other choose their colors.
Come back next Tuesday for a new transfer.
Posted by Rebekah at Tuesday, October 20, 2009
Labels: transfers, vintage embroidery
4 comments:
I tried to save a copy of this but it just saves as a little dot called 'Spaceball.gif' and not as a picture of the rose. Am I doing something wrong?
I love your blog and really appreciate the freebies!!!
- Oct 26, 2009, 8:35:00 PM
- Rebekah said...
Thank you for bringing that to my attention. I have changed my permissions so it should work and let you download the picture.
- Oct 26, 2009, 11:41:00 PM
Thanks - That works great now!
- Oct 30, 2009, 12:59:00 PM
- Rebekah said...
That is great. Thanks for letting me know.
- Oct 30, 2009, 1:28:00 PM
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I'm going into the hospital on Tuesday, April 13 for surgery to make me better. I've been ill and getting worse for a while now, and finally have the whole thing set up.
I'll be away from the computer until at least April 23. If I start posting earlier than that, who knows what I'll be saying????!!!!
Anyway, I've taken the Payment link and contact form off the website. You can still mail questions to me, but it will be a bit longer before I get them - and can get back to you.
Please read the FAQ pages if you have need, and isolate your cat until I get back.
Love your cat extra hard, too!
Snuggles and purrs to you all...
Saturday, April 10, 2010
Personal Note to my Visitors and Readers...
Posted by Morgen M at 4/10/2010 11:38:00 PM
Labels: no contact form, no questions accepted, surgery
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It's Teacher Appreciation Week at Imaginisce so we're sharing projects we created for our wonderful teachers. I work for our school district and every day I see the tremendous effort and patience being a teacher requires. They really do need our appreciation and thanks as often as possible.
I decided to create this note card set for a teacher friend. A sweet little box with four adorable cards inside and the box is reusable, too! :)
The card design is simple, but the bright colors and patterned papers are really what makes these so cute! I really love this Imaginisce "Geek is Chic" collection... definitely one of my top faves :)
I hope you'll visit Imaginisce during our Teacher Apprectiation Week. There are so many super cute projects to be shared. Plus, there's something really big and special coming up for Facebook Imaginisce! Be sure to like their Facebook page and don't miss out on all the fun! :)
Thanks for visiting!


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The final eclipse of three is a Full Moon Lunar Eclipse at 04° 08′ Sagittarius on 25 May 2013, 09:25 PM PDT. In marked contrast to the recent Solar Eclipse in fixed Taurus, the mutable signs dominate with more fire and air than earth or water. The tone is fluid, changeable and illusive with Neptune in Pisces squaring the lunar axis.
Those of us who are feeling overwhelmed and under-appreciated in our daily lives may seek to escape into enticing dreams and illusions. Gemini and Sagittarius are the story tellers of the zodiac and with Neptune in Pisces adding its spin, marvelous distractions of all kinds will abound. Pretty words full of charm, wit and almost completely devoid of any basis in reality may surround us. At their best both Gemini and Sagittarius can inform and inspire us . . . at their worst they can mislead and misinform to our detriment.
Venus, Mercury and Jupiter form a stellium in Gemini. Since Mercury rules Gemini and Jupiter Sagittarius, it adds fuel to the T-Square with the lunar axis and Neptune. Offsetting Venus's charm and warmth is a semi-sextile from Mars in Taurus to Jupiter which puts an edge on people's words and makes it more difficult to back down from potential confrontations. What is that quote from Shakespeare?
"Out, out, brief candle! Life's but a walking shadow, a poor player that struts and frets his hour upon the stage and then is heard no more: it is a tale told by an idiot, full of sound and fury, signifying nothing." (Macbeth, (Act V, Scene V).
That sums it up rather well. Sorting out truth from fiction is going to take time and patience following this Full Moon Lunar Eclipse. Many of us will be suffering from severe sensory overload causing us to shut down for the duration. Best have a good fact checking system in place going into this.
In the background Uranus in Aries is busy duking it out with Pluto in Capricorn adding stress and upping the overall tension. However, we do have help from a soothing trine between Saturn in Scorpio and Neptune in Pisces. I happen to love this trine because it promotes practical applications of compassion. Neptune needs help manifesting its better side and Saturn is just the one to do it. Capable, pragmatic Saturn in Scorpio can show us how to help those in need and guide us to get in touch with our own better angels.
Take the high road on this Full Moon in Sagittarius. Celebrate life with joy and laughter whilst taking it all with a grain of salt. Choose to focus on what is good and real in our lives. Turn off your phones and go for a walk in the park or on the beach. Enjoy simplicity.
On a personal note: My nerves may feel stretched thin by this lunation with Jupiter, Mercury and Venus hovering around my natal Uranus in Gemini . . . triggering the inconjunct with Mercury. I may babble on so please bear with me!
Saturn is back making his second pass over my natal Jupiter in the twelfth. Because of my wide Sun-Jupiter conjunction this transit does bring out the need to take a serious look at what's going on inside my head. Sharp contrast to those Gemini planets conjoining my Uranus! I could end up feeling more schizoid than usual making my sense of humor even more offbeat. Brace yourself, world!


text: According to some of the internet marketing gurus all you need to do to make money on the internet is a copy of their latest system. Some of these gurus often appear to imply that your involvement in the process is minimal and that you can make money from internet marketing while you sleep. More like you are invited to sleep walk into yet another money making scheme for the gurus but not for the those that try to buy into the dream. Perhaps we all yearn for the ability to find a magic button which when placed on our website will generate endless streams of cash into our bank account. The reality is that the only way you can ever hope of making money on the internet is by doing a lot of hard work. If you have bought a marketing plan from a reliable source then you should just stick with it. According to statistics more than 90% of would be internet marketers never make past a few sales before they give up. Rome was not built in a day and what you have to realise is that will only get out what you put in. So if you thought that internet marketing consisted of choosing a few affiliate offerings for a website you may be in for a lot of disappointment. Especially if the website consists mainly of copied information from the websites you are running affiliate programs for as these will not rank anywhere with the search engines - period. There are quite a few good programs that will guide you in a sensible and methodical way to making a reliable income on line. The main thing to remember is that any program that promises instant mega riches has to be suspect. As they say if it was easy everyone would be doing it. So yet again you have to find a niche which is of interest to you. You need to research that niche until you are knowledgeable in it. Then you have to promote a product which you feel meets the needs of people in that niche. If you do this and follow all the usual SEO requirements you should find yourself with a profitable result.


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Anyway last week I wash and deep conditioned my hair for the first time in a while! I even used my heat cap and kept everything on for an hour. I used my Shea Moisture Anti Breakage Deep Conditioner. I really like that stuff as a DC, and it smells pretty awesome too. Anyway after doing this, I did flat twist all over my hair in preparation for my weekend out of town.
The entire time I was in Seattle I rocked the same flat twist out. Of course it got manipulated a bit each day and the night before the wedding I did chunkier flat twists just to redefine the waviness of the style. I can't say I was in love with my hair for the wedding, but whatever. It was big and kind of fro' like but worked for me. Like I said...just don't seem to care too much about my hair lately. I have to admit though I had some serious hand in hair syndrome this weekend! This is why it's better for me to wear it up, because then I don't mess with it.
Oh yeah so I measured my hair yesterday...just to see the length more accurately since I never did a very good check at the start of the GOC challenge. My bangs only measure 4 inches stretched (sad face) and the rest didn't go any longer than 5 1/4...jeez I swear my hair should be so much longer right now, especially if I'm supposed to average 1/4 a month. I think I average less than that which is just so....sad. What do I do? It's going to take years to reach some of my goals, goals people reach in six months or less. It seriously sucks. But at least I know my hair does grow. I'm pretty sure back in May my bangs were right at my eyebrows, and now they hang in front of my eyes...sooo we'll get there...eventually (it really doesn't help to read blogs where people grew three inches in four months or something and here I am over a year natural and my hair never made it to six inches). I think I need to reevaluate my regimen and see where I'm going wrong.
Here are pictures of my hair in Seattle! Doesn't my hair look the same as it did back in some of my first posts? Some one tell me if it looks at all longer too you....
|Day 1, Twists just unleashed
|Didn't like the bangs at all but what can you do?
|Looks kind of funky on this side
|Wedding hair, side without the flower.
|Just tossed a flower in for fun. My hair was really fluffy since I didn't use gel
|Today's wash n go
|Wedding hair, the back. It's really short because I bantu knotted the ends


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We've got something special for our new episode.
This month's Fearsome Feature is The Giant Rubber Monster Movie, and it will only be available for viewing until June 18th. After that it's gone!
Special features include an interview with "Italian Zombie Movies 1 & 2" mastermind Thomas Berdinski and bloopers from "The Giant Rubber Monster Movie".
Catch it while you can.
Until Next Time,
Stay Insane!!!


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The feeling of inadequacy has been so heavy lately. Wanting to turn to someone to talk to, to ask about things, to share stories with. Wanting to ask if what I am doing is right, if I should do something more, etc.
I guess being a mom now just makes me realize what kind of a bond only a mother and a child could share. It pains me to know that now that I want to nurture that bond with my Mom, I can't do it anymore.
Life was never explained to me in full detail-- after all, that would have been impossible to do. But growing up as an only child may have shielded me from a lot of the harsh realities of life. Is anyone to blame? And just when I was entering adulthood, the Lord decided it was time for Him to take away my parents. It was easy to accept in the beginning because just thinking of them having to suffer more (in the hospital) pained me too much. But as time has gone by, I have found myself questioning what this is all about.I'm not as strong as people think I am. And many times, I want to lock myself in the bathroom and cry. Or scream my head off. Or fall asleep for 10 years.
There are so many things I want escape. I'm yearning for that voice that could tell me that everything will turn out right. That things will be OK.
Each day I tell myself that later would be better, that tomorrow will be fine. Even if deep down in my heart there is so much doubt. It has proven to be very difficult to fight that doubt, to keep the faith, to believe that behind every grey cloud is a silver lining. Reality bites. Who knows what tomorrow will bring? Nobody knows and nobody will ever know.


text:
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