Update from Rick.
Our Overlords and Masters decline to agree with Liberty and the Constitution. Motion for 60 Day Stay in Mance v Holder It seems the Government is determined to fight against protecting our Civil Rights under the Constitution.
What is it about, “Justice delayed is Justice denied?” The wheels of Gov. and Bureaucracy grind slowly and inexorably when it suits them, but swiftly when the takings are ripe.
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION
FREDRIC RUSSELL MANCE, JR. et al.,
ERIC HOLDER, ATTORNEY GENERAL OF THE UNITED STATES, and B. TODD JONES, DIRECTOR, BUREAU OF ALCOHOL, TOBACCO, FIREARMS & EXPLOSIVES
Civil Action No. 4:14-CV-00539-O
DEFENDANTS’ MOTION FOR SIXTY-DAY STAY AND BRIEF IN SUPPORT
Defendants respectfully move for a stay of the Court’s Memorandum Opinion and Order dated February 11, 2015 [ECF No. 40] for 60 days, in order to allow adequate time for the government to determine whether to appeal the Court’s decision and, if so, whether to seek a stay pending appeal. The determination whether to appeal is entrusted by regulation to the Solicitor General of the United States.
See 28 C.F.R. § 0.20(b). The 60 days requested represents a modest amount of time for the Solicitor General to determine whether to appeal, after consultation with the affected governmental components.
See also 28 U.S.C. § 2107(b) (allowing 60 days for filing a notice of appeal when the federal government is a party). No undue prejudice will result to Plaintiffs from the short stay requested, as evidenced by the fact that Plaintiffs have not sought preliminary injunctive relief in this case. For the foregoing reasons, Defendants respectfully urge the Court to enter an order that stays the provisions of its Memorandum Opinion and Order dated February 11, 2015 for 60 days, until April 14, 2015. A proposed order is being submitted electronically in Word Perfect-compatible format to the Court’s “Orders” email address.
Dated: February 13, 2015
JOYCE R. BRANDA Acting Assistant Attorney General
JOHN R. PARKER Acting United States Attorney /s/ Daniel Riess DIANE KELLEHER Assistant Branch Director
LESLEY FARBY DANIEL RIESS Trial Attorneys
U.S. Department of Justice Civil Division,
Rm. 6122 20 Massachusetts Avenue,
NW Washington, D.C. 20530
Telephone: (202) 353-3098
Fax: (202) 616-8470
Attorneys for Defendants
My 80-something active Mom who never smoked once in her life now needs an oxygen supplement since a bit of invasive avian lung-crud has reduced her blood-oxygen levels, and my 90’something Dad who was once a very able-bodied Midshipman and Annapolis crew-team rower can’t hardly lift a 8-foot 2×4.
They were both into healthy lifestyles and eating right (as Missionaries it boils down to the Scriptural-advice of 1 Corinthians 6:19, “Your body is a temple, don’t put anything bad into it.” ) before it was a fad – but Dad also always eschewed the Jack La Lane life of “Physical Culture” – of the Venice Beach bodybuilder types who did handstands and chin-ups and weightlifting for show, and my own youthful strength training as such was was in swimming and water-polo and bicycling – cyclic, endurance based activities rather than ground-pounding or lifting things.
For one thing, I started early and took Swimming and Polo on purpose, so that I never had to spend another Jr. High moment among the acrid stench of sweat-socks and nasty towels and weird PE teachers ever again. Water with a bit of chlorine was clarifying, clean, and refreshing – even if practice started at 6:00am on cold days rain or shine – and rain was just water in the air. The strength that built lasted a long time, and helped me while tramping around odd places on this wet rock, but time has a way of eroding things and replacing them with gauzy memories.
Now in our second half-century, with my a bunch of trauma-induced University desk-weight lost by She Who Endears Us, we are kicking-away at the side of the pool so to speak, and kicking away from the Groaning Table of fatted-calf sloth and the wretched zombie-life of Cubicleland. It’s reported that Strength itself is a desireable goal, and now is the time to restore our capability – so we’re hefting hand-weights and doing crunches and reading Rippetoe’s Starting Strength, and watching the DVD — and now looking for a bar.
Rippetoe says, “For home gym purposes, a 28.5mm or 29mm bar will be the most durable and provide the best service over time.” As a Pro-Level Capitalist Consumer the advice is blandly generic however, and being totally unfamiliar with the inside of a sweaty-stinky gym I have nowhere to begin and there is no familiar landscape of brand-names to guide me. Do you get the Super-Sumo Yakuza II Japanese bar, or the EinfachGewicht Überheber-3000 machined on an X-Y-Z-axis device from pure Edelstahl on the Continent? I dunno.
The only advice I recognize is, “…expect to pay around $300 for a good bar.” But as a Pro-Level Capitalist Consumer I really hate shopping from the right side of the Menu, you might end up with something inedible. Oh well…and where am I gonna put this stuff, in the garage? What about the motorcycles?
UPDATE: Found it under Resources > Equipment: “We recommend the 20kg Burgener & Rippetoe bar. Here’s the Guys and here’s the Gals versions.
In the evening the Low-Grade 101 fever returned. Feeling dull as dishwater, I attempted to take a nap – and began shivering in bed. Convulsively. My neck was cold and with the chest-wall pain there was nowhere to turn, or turn-over and find comfort. I couldn’t lay flat, I couldn’t lay on either side. The chills escalated into muscles spasms that yanked at every corner – Yowww!
I understand Fever, it’s your body actively burning off the crud and nasty goop that’s hanging around too long, but what’s with Chills and Shivers? Is it the semi-passive lymph system trying to shake-off and physically process that cast-off crud and goobers?
I also remember this happened last time after the motocross incident – and it was also after a few days of going around semi-normal but with pain and general listlessness. Wham! The chills, I also remember that after that episode, things all started to march along – it signaled the end of it all and the beginning of an upward curve. So good, we’ll be all happy-dappy soon enough.
Decided also that the only way to get any sleep would be to sleep sitting-up, it’s like an airplane with more leg-room. So we got a cushion from the couch and brought it in to the bedroom. I can do this. More ibuprofen and went to bed with the alarm set to wake me in 5-hours when it was time to take another dose. Sleep was forthcoming, gradually.
UPDATE: Awoke feeling all chipper and much better. No chills and the chest-wall was almost sound. Amazing. Had a green smoothie and went down to Folsom Kaiser for a past-due eye-exam. Now that we’re retired it’s all Kaiser all the time. Could be worse, the facility is unlike the BayAryan one in many-many positive (too me) respects. Our eyes are 100% and the necessary correction showed improvement – which needed a slight reduction.
Worst thing about the visit was the magazines to read: Hunting & Fishing (I guess we REALLY aren’t in the BayArea!), Home Decor, Airplanes! Someomne had left an AOPA Pilot magazine to read. I live near the airport, the little planes fly over, maybe I should learn to fly – besides, with a truck and a motorcycle we really don’t need a second car. Not gonna live forever and we don’t have any heirs, and certainly not gonna waste good money on Bad Gov.
It seems we DID move far-enough away, and onto a rock outcropping, so we felt nothing and our sleep was undisturbed. Watching the morning newscast with a hint of panic in the audio, it also seems apparent that some of the news-readers and standup camera-bodies chattering away are not originally from around here – or are so young then don’t remember Loma Prieta, which was 25 years ago.
As Old NFO said in comments, I’ve got a work-out goin’ on. We fought the rocks and the rocks won. 86° Fahrenheit yesterday and the hottest day of the year so-far – 16-degrees above average.
We started moving the rocks off the tree roots in preparation for laying down tan-bark – something more gentle on the shrubbery. And the pseudo-curbside had rock-chip in place but the smooth river-rock (known to dirtbike riders as “baby-heads”) only wrapped around a portion of the frontage, stopping at the walkway, so we started filling-in. My little plastic wagon was taxed mightily and has not yet broken despite our efforts, the “dump” feature coming in very handy. We stopped yesterday at about 16-feet of frontage. There’s more roundy-river-rock in places we don’t need or want, but the work is heavy-lifting and we’re takin’ a break.
UPDATE: Back at it – this is morning work, by the time the sun gets way-up there’s no shade.
UPDATE-UPDATE: We’re almost to the sign-post, and
other more river-rock is being removed from the driveway edging and elsewhere, the edging replaced by blocky granite hunks…
Update-Update-Update: A beautiful old Stearman in vintage Army Air Corps paint just fluttered-in to land…
Went to the Placerville DMV this morning to get a new picture for my license renewal, and to file various other things, change of address notices for vehicles: the truck, the KTM, and the BMW – and then they asked about the Beta, Whoa! Loooong time back! I hope JC is still having fun with it… And no, the “I Don’t Own It” paperwork was filed long ago, but it still showed-up on the Computer’s Permanent Record. Hmm, and these people will run Obamacare, or worse.
Then we went over to the County Assessor’s Office for more paperwork. Perverse incentive or not the real-estate Personal Deduction remains an important tax-benefit – but most significantly we filed the Proposition 90 paperwork that ensured our Prop-13 Tax Basis was portable to El Dorado County. THAT was the big kicker that drove our move and our relocation to El Dorado, not every County allows it – and it will significantly will reduce the amount the .Gov gets to squeeze and waste on mindless bureaucracy and selfish purposes.
Finally we drove down the hill, away from snow to the flatlands of Roseville and went to Arezzo Lighting to pick-up the two new lights (Yay! They called and said they were in!), from Hubbardton Forge that we had ordered last month. One is for the kitchen, and the other is for the island-area/breakfast nook. They make some really-really nice stuff, handmade in the USA – and sturdy. Just the ceiling fixture plates and mounting hardware were noticeably superior to materials outsourced from China by other vendors… So we (me) got some work to do tomorrow hanging lights, and the house is coming more together.
Found at New Jovian Thunderbolt who says, I Still Wish I Had… Majored in SCIENCE!
As commenter Chrissaid with great snark:
Drudge Report claims reference CBS-Detroit saying, “Zombie Bullets In High Demand Following Flesh-Eating Attacks” – ZOMG!!
So my question is, is Detroit particularly susceptible for some reason? Like because it’s a Zombie City or Ghost Town?
I know a lot of bloggers/CCW holders are on the fence or quite IXNAY about the Zombie Ammo 1.) since the box has a disclaimer, and 2.) “Every Bullet has a Lawyer Attached.”
Perhaps the disclaimer is for Zombie Lawyers like Gloria Allred who has decided to insert her slimy and viscous presence, python-like, into the proceedings?
As a Zombie-snake? Must be something about Florida and snakes and Haiti nearby – and Canada to the north…
H/T Maddened fowl we are directed to an interesting analysis of an actual Social-Network that is vibrant and active, isn’t tanking in the stock-market – and is over 100-years old.
- Open: 26.75
- High: 27.76
- Low: 26.61
NRA: A Social enterprise? Definition: A nonprofit venture that combines the passion of a social mission with the discipline, innovation, and determination commonly associated with for-profit businesses. Suitability: NRA was established “to fund firearms, hunting safety and educational projects of benefit to the general public”.
NRA (love ‘em or hate ‘em), boasts membership of 4.3 million loyal fans and advocates. Their 2012 Annual General Meeting had 73,740 attendees, whereas the Oracle of Omaha, Warren Buffett (Berkshire Hathaway) had 40,000 attendees!
Should the NRA have an IPO? It’s not like they are just an on-line replication of another limited-value industry, churning the nostalgia of memory and regrets: the High School Yearbook…
In 1990 The NRA Foundation was established – obviously to capitalize on the immense membership draw the NRA has, currently at 4,300,000 registered members. At $35/year, or $1,000 “lifetime” membership, it is easy to see how the NRA boasts revenue last year of over $237,500,000.
Makes you think, huh?
The somewhat fudley Hunter-Guy store that never carried “black rifles” now does, and Magpul stuff too.
It must have happened a long time ago back when the BayArea was a lot less Bay-Aryan, hipper and less brain-dead Liberal – but try not to do this especially to an early (five digit) commercial:
And that Luger will never have quite the same value either…