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Monday, July 26, 2010

Oklahoma Treasures and Treasure Tales

Consider this a sales pitch. If you don’t already have a copy of this book then you should invest in one, especially if you live in the State of Oklahoma. We are always getting e-mails from our readers about different things but lately we have gotten a few that have asked questions about Oklahoma treasures and in answering these folks we have found out they have never heard of this book. I thought everyone had heard of this book but apparently that’s not the case.

Oklahoma Treasures and Treasure Tales by Steve Wilson has got to be “THE” book for any treasure hunter that is interested in Spanish or Outlaw treasures or one who lives in Oklahoma. You can’t hunt for lost treasures in Oklahoma without this book. OK, you can, but you shouldn’t!

Steve is very careful not to give away all of his secrets but he does supply the reader with a ton of information that would take you years to find on your own, if you could even find it now. The book doesn’t have every treasure story of Oklahoma in it and it couldn’t but the stories that are in it are pretty informative and give you a good place to start if you are interested in searching for that particular treasure. I can tell you that there have been many times that I have started writing an article about a lost treasure in Oklahoma for this blog only to find that Steve already had the story in his book. The stories in Steve’s book are well researched and he has done a fine job of writing so that he keeps you interested and teaches you at the same time.

Even if you aren’t wanting to find one of the treasures that Steve has written about in the book there are plenty of photos of old outlaw maps, carvings, Spanish and Indian artifacts and historical pieces that you will be interested in.

I have over the years owned seven different copies of this book. Three of those I still have and the others were given to friends who didn’t have a copy. The book comes in two forms. The first edition books were hard copies and are more expensive and sometimes hard to find now. The first one I ever owned was a hard copy and I looked at it so much that it started falling apart. I still have that first copy along with another first edition that I don’t touch at all.

If you aren’t worried about having a first edition then you can buy the soft cover book for about $20-$25 and not have to worry about keeping it in pristine condition. I highly recommend this because you will go back to this book many, many times if you are at all interested in Oklahoma treasures or just treasure hunting in general.

As a side note, it looks like Steve Wilson is going to be at the get together again this year on September 18th at the Jesse James musem in Cement, OK so if you have a copy of his book you might bring it with you. He has been happy to autograph them in the past.

And as long as I’m peddling books, if you are interested in Spanish treasure you should check out Steve’s other book on the Spider Rock treasures in Texas. This will amaze and scare you all at the same time. By saying scare you I am referring to the massive amount of work the Spanish went to in hiding the clues to their treasures. It shows what a daunting task it can be to find a buried treasure.

1 comment:

Teresa Orosco said...

Oklahoma Gold and Treasure Expo is coming to the Oklahoma State Fair Park in OKC this weekend Oct. 11 & 12th 10-5 Sat 10-4 Sun Pre-register at our website for free ticket to Alaska drawing. Vial of gold to the first 100 paid admissions. Children 12 and under are free. Pan for gold and keep what you get.


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Thursday, December 11, 2008

Winter Meeting Finale...

The big event during get-away day of the winter meetings was the Rule 5 draft. The Pirates picked up a big lefty, lost a big lefty, and added three Latino arms to their minor league arsenal.

> The Bucs selected LHP Donnie Veal from the Cubs with the fourth pick of the Rule 5 draft.

The 24-year-old Veal spent 2008 at AA Tennessee, where he went 5-10 with a 4.52 ERA in 29 starts while being named to the Southern League mid-season All-Star team. He also recorded a total of 123 strikeouts, which ranked fourth among Southern League hurlers.

Veal was originally selected by the Cubs in the second round of the 2005 draft. In 2006, he was named the organization's Minor League Pitcher-of-the-Year along with Rich Hill, and was ranked by Baseball America as Chicago's second-best prospect.

He features a low-90s heater with a decent change and a work-in-progress curve. As with so many other Pirate reclamation projects, he can't hit the broad side of a barn with a pitch, and his walk rate has kept him buried in the minors.

In his four year minor league career, Veal has walked 256 batters in 469-2/3 innings. He's also struck out 476 batters, and that's the stat that caught the Pirate staff's attention. With those kind of K and BB numbers, we can only imagine how quickly his pitch count hits the roof in games.

Our guess is that Pittsburgh plans to drop him from the rotation and work him out of the pen for now. The Bucs will see if he can stick as a LOOGY and replace John Grabow in spirit if he gets moved to another team during the winter.

If he makes it through the season, Veal will probably spend some time in a winter league and 2010 at Indy, where the Pirates will try to flip him back to a starting role.

Wouldn't it be sweet if he turned into another Bob Veale?

> Ah, but there's a price to pay in Rule 5. Pirate LHP Kyle Bloom was claimed by the Tigers in the 8th round. We suppose all that Jack Wilson talk led them to scouting the system a little, and they stumbled onto Bloom, who was steady at Altoona and pitched lights-out in Hawaii.

We've read that the pitching-challenged Tigers may try to plug him into the back end of their rotation, replacing Kenny Rogers. At worse, they'll use him as a long man and spot starter.

Bloom, btw, was the only Pirate farmhand selected during the three phases of the draft, a league commentary on the strength of the Pittsburgh organization today.

> In the minor-league segment of the draft, Pittsburgh added 22-year old LHP Andres Santos from the evil empire. He went 3-2 with a 1.85 ERA in 13 games, nine as a starter, striking out 49 in 48-2/3 innings in 2008 with the DSL Yankees.

Then RHP Rafael Quintero joined the club via Cleveland. He posted a 5-1 record with one save, a 1.36 ERA, and 48 strikeouts in 23 outings covering 46-1/3 innings while walking 5 with the DSL Indians. The 21-year old is an interesting story, as he's a converted infielder and should have a lot of upside as a pitcher.

Finally, Pittsburgh took RHP Gerardo Esparza from Seattle. Esparza went 4-5 with one save and a 1.81 ERA in 15 games, 13 as a starter, in 2008 with the VSL Mariners. Esparza made 15 appearances, with 13 starts, in the VSL, striking out 59 and walking 22 in 69-2/3 innings. Tomorrow is his 21st birthday.

We'd expect with their background that they'd start in one of the Pirates A clubs, with the hope that one or two of them can make the jump to Altoona sometime during the 2009 season.

> Dejan Kovacevic of the Post Gazette mentioned the rarity of picking up Rule 5 players from Latin America, and how it came about from the Pirate's end.

And we're wondering, with the influx of Latino's, a stress point for the new suits, if it isn't time to bring a couple of Latin American coaches into the system?

> Jenifer Langosh of reports that "The Pirates should know on Friday whether or not free agent Ramon Vazquez will accept a two-year, $4 million offer from the Pirates. Vazquez's agent, Melvin Roman, confirmed that the two sides are in negotiations, and that the Pirates are currently the front-runner to land the utility infielder.

'We are in very serious discussions,' Roman said. 'He should have a decision made by [Friday], and right now it's 90 percent that he'll be signing with the Pirates.'"

The well-traveled 32-year old Puerto Rican native has suited up for five teams in his eight year career. He can play all four infield positions, though he's spent most of his time recently at third. Vazquez has also logged a lot of innings at short and second.

He hit .290 for Texas last year, with 6 HRs and 40 RBI in 300 ABs. Vazquez is a lifetime .257 batter, and an experienced utility guy to anchor the bench. What's held the left-handed hitter back is his terrible splits at the plate - he's a career .273 hitter against RHP, but just a .195 batter against southpaws.

Vazquez made $810K last year, so if the numbers have been reported correctly, he's hit the jackpot, relatively speaking.

> The Pirate suits left the Bellagio to head home, and Jack Splat is still a Bucco. The Twins just signed Nick Punto to a two-year deal, so that's one less customer.

The Bucs no doubt did some under the radar groundwork while schmoozing with the MLB decision makers regarding him, but Wilson may yet be the 2009 opening day shortstop for the Pirates. That would be a Ripley moment.

WilliamJPellas said...

What exactly does the "LOOGY" acronmym mean? I'm guessin the "L" means "lefthander", and the "O's" mean "one only", so LOOGY has something to do with being a lefthanded relief specialist who throws only against one or two lefthanded batters, then goes to the showers. But darned if I can figure out the exact meaning of the letters.

Ron Ieraci said...

Lefty One Out GuY, Will. It is kinda a stretch, but hey.

And I agree that Paulino is the better player, but the Pirates poisoned the well, so to speak, when they sent him down, and I think both sides are happy he's elsewhere.

WilliamJPellas said...

Thanks, Ron! Now I can sleep at night! :-D

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Welcome to the Legendary 5th District
Congratulations to our New 5th District Council
GB Knox and 2nd VGB visiting St. Jude ( 2-10-15) Game Day. Give Back.
Bro. Col. Charles Young Birth Cabin Dedication September 28,2014
DR Welcome to the website of the Fifth District of Omega Psi Phi Fraternity, Inc. On behalf of Brother Bryan White, the 22nd Fifth District Representative, thank you for visiting with us. While here, we invite you to view the rich history of our organization. The Fifth District is comprised of Undergraduate and Graduate Chapters in Kentucky and Tennessee who dedicate their lives to providing uplift to our communities.
5thD-logo-sm 67th Annual 5th District Meeting in Lexington, KY was a huge success! See Award Winners
5thD-logo-smIn 1919 Delta Chapter in Nashville, Tennessee, was the first chapter to be established in what is now the 5th District, under the 7th Grand Basileus Brother Raymond G. Robinson. Delta was organized with twenty chartered members. Nashville can also be considered the birth place of what is now known as “Black History Month”. It was in Nashville at the 1920 Conclave that Carter G. Woodson….Read More

5th D Chapters


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Fresh Cherry Tart

The most time consuming thing about this delicious dessert is
pitting the fresh cherries ~ but believe me, it is SO worth it!

I use a simple cherry pitter device, but you can use a sharp
paring knife to cut around the natural crevice of the cherry
and pop pit out with the tip of the knife. I alway
set the colander of cherries right in the sink, with a small
bowl for the pits, and a larger bowl to hold the pitted halves.
I find that if I rinse the sink with cold water before
beginning the task any cherry juice/splashes rinse right
off.  I don't bother wearing gloves, just rinse my hands
with cold water before beginning, and every now and then
to avoid staining.  (Don't forget an apron!)

The good news is that this tart only requires a few ingredients,
and it's simple to put together:

Graham Cracker crust (Crushed graham crackers, melted butter and a little sugar)
Or you can use store-bought, I won't tell! :)
6 ounces (from a block) of cream cheese
3/4 cups heavy (whipping cream)
A little sugar
Pure vanilla extract
Fresh sweet cherries (such as Bing)
Seedless Raspberry jam or Currant jelly
(to dab on the cherries for a shiny finish)

Oh my GOODNESS, this one is a winner!

I adapted the recipe from an old issue of "Everyday Food" magazine ~
Though the original recipe used cherries, as I did here ~
I'm thinking any type of fresh berry (or seedless grape halves)
would be absolutely delicious.

If you would like a copy of this recipe, it's on my recipe blog (click.)

Thanks for coming by today!

Have a wonderful weekend everyone.  xo~m.

Cream of Vine Ripened Tomato Soup

I feel fortunate for having good neighbors, and some other
generous friends who shared their produce bounty
with us this year, gifts from their gardens are such a treat!
Is there anything like a homegrown tomato fresh from the vine?
So tasty!
When the tomato harvest begins to get ahead of what
you can eat fresh, you might like to try this soup.

It's one I adapted from Ina Garten, The Barefoot Contessa
and it's very good!

I adjusted just a few things from the original recipe
and switched out the garnishes.
Ina suggested croutons, and some julienned fresh basil leaves.
I really like to try different garnishes on soups, particularly creamy or pureed soups = those with little or no texture...
I can't help it, I get bored eating spoonful after spoonful
of the same thing and feel the need to break the monotony,
no matter how good the soup tastes garnishes are a treat!

I have served it with baby arugula leaves and crisp crumbled
bacon (I love the way the arugula adds a nice contrast to
the creamy soup.)

 I've also served this soup with thin, grilled/toasted slices from a baguette,
smeared with Spinach-Arugula-Basil Pesto:

For the pesto I just whirred the leaves in a small
food processor with some good olive oil, a small garlic clove
and added coarse salt and freshly ground pepper to taste.

The proportions are up to you; I used mostly spinach,
with just a little arugula, and a couple of leaves of fresh basil.
You could add grated Parmesan, pine nuts, walnuts or
almonds to the pesto ~ but I just kept it simple.
It was very good and clean tasting! :)

If you would like a printable copy of my version of Ina's recipe, you'll find it on my recipe blog. Click Here.

Thanks for stopping by today!

Fresh Peach Pie (No Bake, except the pastry crust)

It's peach season here ~ and while they are around,
I can barely get enough of them ~ this is one of my favorite pies
to make when peaches are at their peak.  I've been making it
for many years and everyone seems to love it.

While I do like baked peach pie, I usually will make a
fully baked two-crust or lattice crust using frozen peaches
during other times of the year when fresh peaches
aren't available.  I think this unbaked method captures the
freshness of the season best. The only thing you have to bake
 is the pastry crust, and that can be done a day
in advance if you like.

The method is rather unique in that the peaches are peeled
and sliced into a big bowl, I sprinkle them with "Fruit Fresh"
or similar (citric acid) product to prevent the fruit from
oxidizing and turning brown. The sliced peaches are then
sprinkled with sugar and allowed to macerate for about a
half an hour to release some of their juices; which is then
drained off into a measuring cup. Enough water is added
to the juice to make 1 cup of liquid. Corn Starch is stirred
 into the liquid to make a slurry, then cooked over medium
heat until thickened. Next, approximately 1/4 of the prepared
peaches are stirred in and cooked for about a minute, then
allowed to cool.  Once cool, the remaining fresh peaches
are gently stirred in and poured into a baked,
single crust pastry shell and refrigerated until serving time.

It's perfectly pretty, and delicious served plain, but I always garnish with
additional freshly cut, sweetened peaches and serve with
sweetened whipped cream, or a scoop of vanilla ice cream
or frozen yogurt.  It's soo GOOD!

Note: This pie is best enjoyed the day it is made.

**If you would like a printable copy of the recipe you'll find it on my recipe blog ~ HERE.

Did I mention we love peaches at my house?!

This year I bought about 30 pounds of locally grown "Red Haven"
organic peaches, this 20 pound box was the first, followed by
another 10+ pounds of white peaches.

After enjoying them every way imaginable fresh,  I peeled,
slice and froze the rest (using the "dry" method of sprinkling with
"Fruit Fresh" and a little sugar prior to freezing.) I froze the peaches
in small portions, about 2 to 3 cups per bag.  As once the
peaches are thawed, they will oxidize (turn brown) before long.
Better to thaw 2 bags when needed than one large bag,
of which half is likely to go to waste.

Nothing like a "fresh" Peach cobbler or crumble to make
cozy a winter evening, when it's raining or snowing outside.

If you try the pie, I hope you love it.

Thanks for stopping by today!

xo ~m.

What a Tomato! (Caprese Salad, done differently)

I don't know about you, but my summer meal planning
and strategy is entirely different than the way
I approach meals during other seasons.
I tend to spend more time outdoors in summer
and for the most part, less time in the kitchen ~
most of the time I choose simpler fare that can be
prepared quickly. Instead of a full blown meal
I gravitate towards a small plate of this or that
when I'm hungry. This is just the kind of lunch
(or light dinner) that calls my name during
warm weather.

It would make a wonderful appetizer, too.

(This brilliant method comes from the kitchen of Donna Hay. Yay for Donna Hay!)

Basically it's a different take on the classic
Italian Caprese salad which is comprised of sliced
juicy tomatoes, sliced mozzarella, fresh basil,
and drizzled with olive oil, vinegar, or a vinaigrette.

This method changes things up a bit by wrapping
a ripe, whole tomato in a thin slice of prosciutto, place on a
shallow-rimmed baking sheet (lined with parchment)
sprinkle tomato with salt and pepper, drizzle with olive oil.
Bake the tomato in a hot oven (390ºF/200ºC) for
12 to 15 minutes* until the tomato is hot and the
prosciutto is slightly crisp.

To assemble:
(For each serving)

On a salad plate place the baked tomato beside a
smallish size ball of fresh mozzarella
(ripped open so the cheese can absorb the oil and vinegar),
drizzle with 1 Tablespoon white wine vinegar and
2 Tablespoons olive oil, shower with freshly ground
black pepper and garnish with as many
fresh basil leaves as you like.

* Best with vine-ripened tomatoes; the ones I used were on the smallish-medium size and almost ripe, so I only baked for 10 minutes.
Best to keep an eye on them at the 10 minute point to see
if you would like them more well done.

Then get yourself a knife and fork and enjoy that vibrant taste
of summer one more time before it's gone. Enjoy!

Have a wonderful day, friends! Thank you for stopping by. :)

Grilled Mexican Corn on the Cob (Elote)

Corn season is in full swing where I live.
Although we didn't grow corn
 in our garden this year we're fortunate to live right nearby
 a number of farms which grow it every year.
Nothing like sweet, juicy just-picked corn on the cob!
I understand this method of preparation originated in Oaxaca, Mexico,
where it is offered by street vendors.  It's absolutely delicious ~
and of the ways I've served the abundance of corn this
summer, I'm sure I've prepared it this way more than any other.
It's THAT good.

Preparation is straightforward enough ~ shuck and clean silk
from corn, grill on a medium hot charcoal or gas grill,
turning occasionally until corn is hot and has developed
char marks here and there.

Remove corn from grill and roll or brush with softened
(or melted) butter. Sprinkle cobs with salt.
Spread an even layer of good mayonnaise like Best Foods/Hellmann's
(not salad dressing) on the cob ~ sprinkle with crumbled or
grated fresh cheese such as Cotija or Queso Fresco,
(if you cannot find either of those, I have also used crumbled
Feta cheese in a pinch,  it works ~ however,
I prefer the Mexican-type cheeses.)

I usually place some or all of the following optional condiments
on the table so each one can add what they like, if desired:

lime wedges
ground Cayenne pepper or ground Chipotle Chile Pepper
a couple of tablespoons chopped cilantro
Cholula® brand hot sauce

Best served piping hot (although we've been known to
eat them at room temperature as well.)

Make plenty ~ everybody seems to love corn prepared this way.

If you would like a printable copy of the recipe click HERE.

Spiced Beef Turnovers with Avocado Creme Dip

I found this recipe on the Haas Avocado Board ~  they sounded so good,
 and since I had all the ingredients on hand ~ I couldn't wait to try them.
When I served them up, they received thumbs up all around the table.

You've probably surmised from the photos that the little turnovers
are made with wonton wrappers. They are filled with cooked,
slightly spicy ground beef (I added a little grated cheddar to the
beef mixture after it was browned and cooled.)

After filling and sealing the wonton wrappers, they are fried in
about an inch of vegetable oil for just a couple of minutes,
flipping once.

I'm not a fan of burning hot and spicy, and these were not.
Next time though, I would either add a little more spicy seasoning
to the filling, or spice up the avocado dipping sauce a bit.

Honestly, I thought the combination was just a wee
bit bland . . .the avocado is blended with only sour cream,
a pinch of salt and lime juice. Either the filling or the dip
needs more heat, imo.

But then again they disappeared within moments,
accompanied by lots of compliments and no complaints.

I'm thinking of experimenting with this method using ground chicken,
turkey or pork. Perhaps shrimp?  (I'm not so sure the other fillings
would have to be cooked first (thinking here about traditional
meat filled wontons) ...
If I do try them with another filling, I'll post about it with my results.

Such a fun little appetizer!

If you would like a printable copy of the recipe you'll find it by clicking HERE.

Thanks for stopping by for a visit today ~

I love to read your comments and/or suggestions!  xo~m

Grilled Buffalo Chicken Wings

Though they can't truly be considered low fat, this version of
Buffalo-style Chicken Wings contain substantially less fat
than traditionally prepared Buffalo Chicken Wings because
they are grilled, not deep fried, and finished
with a 0 fat sauce, rather than butter & hot sauce.

I actually prefer them over the traditional wings because
they are more flavorful due to an unlikely marinade ~

Amazing but true.

Bottled Italian Salad Dressing and Soy Sauce ~

I very seldom buy/use bottled dressings and was
skeptical about this combination until I tried it.

Just measure equal parts soy sauce to Italian dressing:
Whisk together 1/2 cup of each for 3 pounds of wing sections ~
increase or decrease the amount according to the number
of wings you're making.

Really easy to put together ~

Toss the wing sections in a large resealable plastic bag
along with the marinade then place in the refrigerator overnight,
flipping the bag once or twice to distribute the marinade evenly.

When it's time to grill, remove the bag of wings from the
refrigerator and allow them to lose some of their "chill",
for about 15 minutes at room temperature.

Grill, using the indirect method, basting once at the first
turn of the wings (the discard remaining marinade.)
Turn every now and then until nicely browned and
cooked through; about 20 to 40 minutes depending
upon the size of the wings, and the temperature
of your grill.

When done to your liking place in a large bowl, pour
a generous amount of wing sauce over, and give them a
good toss to coat each one, then serve them up.
You can do the blue cheese dip & celery sticks if you
like ~  I just serve them on their own.

Best when freshly made, but you can refrigerate the
cooked and coated wings, covered.
To reheat, preheat oven to 275º (F), lay them out in a
single layer on a parchment-lined, shallow rimmed
baking sheet for about 10 to 12 minutes until hot.

Another calorie saving tip ~ I use Frank's Hot Wing Sauce® ~
that way you can skip the butter in the traditional-style
hot wing sauce. It's very good, and not too spicy,
just the way I like it.  To me it tastes identical to the traditional sauce.
For those who prefer spicier, just pass the Tabasco® or other hot sauce. :)

I saved this recipe quite some time ago,
sorry I cannot recall the source but it may have been
from ?

 If you know, let me know and I'll  happily edit to give credit
where credit is due.

Have a wonderful weekend everyone! xo ~ Mari

Disclosure: I have not been compensated in any way by
the Frank's Hot Sauce® people, nor the Tabasco® folks.

Artichoke and Feta Tarts with Tomato Salad

One more lovely idea from Donna Hay ~

Perfect for spring or summer because you don't really need a precise recipe. As you might know by now I'm a fan of hers, and for good reason.
She always offers an original take on food by using familiar ingredients in an unusual way, with delicious results.

And the bonus is most of her recipes go together very quickly.

This one is no exception ~

Simply drain marinated artichoke hearts* and place arrange with feta cheese on puff pastry,
cut into squares or rectangles (you can make your puff pastry own or use store-bought.)
Brush the borders of the pastry squares with a beaten egg, then bake off in a hot oven 400° (F) [200° C]
for about 12 to 14 minutes.

While the tarts are baking, toss the simple salad together; cherry or
grape tomato halves, peas (frozen, thawed), and mint with a drizzle
of olive oil and white balsamic vinegar,
plus a little salt and freshly ground pepper, if you like.

*Donna's recipe suggests one whole artichoke heart (halved)
for each puff pastry square ~ I made my puffs appetizer size,
so I only used 1/4 of a (rather large) artichoke heart for each puff.

To serve~

Plate each tart and spoon the cherry tomato salad and dressing
over and around the the tarts. Serve right away ~
the combination of the hot tart and cool salad are simply . . .

If you try this, I hope you like it.

Blessings !  xo ~mari

Zucchini and Spinach Gratin (It's Gluten Free)

Are you dealing with a glut of zucchini this summer?

Sadly, we're not ...

I was away in California when it was time to plant, but my helper did get the plants in the ground before I returned home. They are growing but harvest will be delayed because of the late planting.

I miss my zucchini!!

But thanks to our dear neighbors I don't have to go without good, fresh homegrown zucchini! (These is the same wonderful couple who share, and other goodies from their prolific garden with us.)

Thank you P & J !!!

The one thing I'm not short on is a folder full of great zucchini recipes ~ and this is one of them (it's from Simply Recipes, click the link to access the recipe.)

It's very good . . . what can I say?  It has BACON in it.  Enough said. :D

Although you could omit if you're a vegetarian, or don't eat pork. Over at "Simply Recipes" it is suggested that you could substitute a couple of tablespoons of olive oil, or butter in lieu of the bacon.  I'm thinking you could also substitute turkey bacon as another alternative.

So the remainder of the ingredients are zucchini (of course), and frozen spinach (I used fresh because I had it in the fridge.)  Bacon, an onion, parsley, 1/2 cup of freshly grated Parmesan cheese*, fresh garlic, 3 eggs, olive oil and freshly ground black pepper.  I also added some fresh thyme leaves, just because I love thyme so much and it's prolific in my gardens.

*I would also like to try it with Monterey Jack, or Gruyere cheese in place of the Parmesan, with a little salt added since those cheeses are not as salty as Parmesan. And how about some diced or sliced sauteed mushrooms? Yum!

You can use your food processor to grate the zucchini, cheese, and to process the spinach and garlic to reduce prep time. Then it's just a matter of combining the ingredients and placing the mixture into an oiled 2 quart baking dish then back for 35 to 45 minutes in a preheated 350° (F) oven. Keep an eye on the gratin at about 25 minutes, as I think it's best if not over baked.

I don't think waiting until the top to brown (as the original recipe directed)  is essential (nor desirable) for this type of gratin, with virtually no other liquid the eggs will become tough. Naturally the timing will depend upon the dimensions and material of the baking dish you choose.  I removed it from the oven while the center of the gratin was still slightly jiggly, and it firmed up out of the oven with retained carry-over heat (and the heavy ceramic baking dish I used.)  A bit overdone for my taste. Next time, I'll definitely remove it a few minutes sooner because I prefer it a little more tender, but it was still very tasty.

You can serve it as a main, or as a side dish.  I served it as the main course with some sliced ruby red tomatoes drizzled with a Dijon-Shallot vinaigrette ~ a perfectly fine dinner!  This can also be served at room temperature, another bonus is that any leftovers reheat well.

You can get the step by step tutorial through the Simply Recipes link above.

Have a wonderful day everyone!

Mushroom and Bacon Salad

Years ago, back in the day before personal computers, my mother and I would clip good-sounding recipes from the weekly food section in our local newspaper. This is one of the hundreds that we saved, really simple to make (you don't really even need a recipe). When I make any of these old recipes from the newspaper I am reminded yet again how much I miss Mom. *sigh*

Not content to leave the recipe as it was (the original was a bit bland for my palate now) I've tweaked it slightly over the years to make it a little more flavorful.

 The ingredients are sliced mushrooms (white or brown), green onions (I used chives this time), olive oil, lemon juice (or your favorite vinegar), a little Worcestershire sauce, salt, freshly ground black pepper, a little sugar for balance and Dijon Mustard. Right before serving it is garnished with crisp bacon pieces. I add a few crushed pink peppercorns as well.

 Any time of year it makes a very nice first course, or a light lunch or dinner and can be made a little heartier by adding some cubed or crumbled cheese (most any kind you like), cooked chicken, shrimp, or beef. Vine ripe tomatoes are another flavorful addition in the summer. You may also add a sliced hard cooked egg along with the bacon at the last moment.

The original recipe suggested slicing the mushrooms and tossing them with the vinaigrette, allowing the flavors to meld for several hours or overnight, then adding the crisp bacon just before serving. Usually I just make it and allow the mushrooms to marinate for 30 minutes to 4 hours, stirring once or twice to distribute the vinaigrette evenly.  I prefer the texture of the mushrooms using the shorter marinade time.

You can serve it up on individual salad plates spooned over Romain lettuce leaves, and it's also very pretty served in a glass serving bowl, that way each diner can help themselves to the amount they want.

If this sounds appealing to you and you would like the recipe, you'll find it over on my recipe blog.

Thank you for stopping by today friends!

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Q: In light of Newtown tragedy, there are calls for Gun Control. Would it not be lot easier to dress up our children in bullet proof vests, bomb proof helmets & equip them with assault weapons so that they can defend themselves? Why trounce on second amendment? What if the militia needs to attack U.S. Government? (SARC)

Clarification added 987 days ago: Certainly the solution is the solution is for government to put more people in jail and mental hospitals but not spend any money. Oh, I forgot, spending money for jails is ok. Right wingers would have totally agreed to government telling mother of Newtown murderer that their son should be put in mental hospital. (SARC).

Clarification added 984 days ago: Mother needed help from Government and sent copies of that to someone posting on this board? Government is a nanny state? People should be forced to get mental treatment? Is this the radial right is saying? WOW (SARC)

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Answers (7)

  • A:When the Mentally ill commit murder and or violent crime they are put into some type of jail or secure lockup for the protection of society (sometimes).

    My exact words were "In the years following there were killings by some of these people and they ended up in prison but only after they took someones life."

  • A:Second Reply: no mental care is NOT Jail! Go out and deal with these in jail and discover what I am talking about is care of the person PLUS the public which the Radical Democratic Party does not like.

  • A:If anyone in Government paid attention to this mother when she repeatedly asked for help with her son and his increasing strange behavior we wouldn't be having this discussion today.

    I remember when they closed down the Mental institution in my State because it was determined by liberals that they should have the rights to live on the streets and collect welfare. Many were institutionalized through the court and some by legal means and parental consent.

    They just opened the door and let the residents walk out the door. The local news agency put out driver warnings warning drivers of
    patients wandering down the middle of the State Freeway.

    In the years following there were killings by some of these people and they ended up in prison but only after they took someones life.

    OBTW, spending money for jails IS OK. Some people have things backwards.

  • A:what a wonderful and insightful thought provoking comment. I can't help but ask, do you think the police got to the scene fast enough?

  • A:Tom, it's suggested here that parents should dress their children in riot gear and arm them with assault weapons when they send them to school.

    They suspend 8 year old's for even drawing a picture of a gun in school? It's called "Zero Policy" and it works!

  • A:Radical just to provoke response which you are receiving. Much of the problem has to do with Mental disorders that we as a nation do not deal with correctly. IT IS IMPERATIVE THAT we have a change in our legal system where one accused of a major crime is tried for that and found guilty or not THEN the issue of punishment is deal with. POINT: Mental illness is wrong to use to avoid what needs to be done with violent minds. A person found guilty of a crime then seen as mentally sick would be placed under government or mental disorder supervision for life or as needed. We MUST stop this business of releasing violent mentally sick people back into the system which results in my opinion of what happened in Newtown. You can bet that was the dispute between the mom and dad resulting in a devoices. . Lets hope God uses this tragic event to correct a problem we are dealing with because of radical use of law.

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  • A:YES. Or Obama could order all mentally unstable people be rounded up and put into internment camps.

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When battle lines were drawn

Questions of race still raised after 40 years

Posted: Sunday, January 07, 2001

   Tom Johnson, a cub reporter covering the University of Georgia's integration crisis in 1961, scribbled down a remark shouted at one of the school's first black students: ''Honey, we are just so glad to have you here! We have needed a maid for some time now!''

   For Johnson, now chairman of CNN, one of the world's most powerful media outlets, the 40th anniversary of that turbulent event comes this week as a painful reminder of the jeers that greeted two transfer students who broke the school's race barrier.

   The school, he said, now needs to ''make more progress, not less.''

   At his alma mater, where Confederate battle emblems still flutter, the question of racial equality is still a recurring question, popping up nearly every term.

   School officials recently asked Kappa Alpha fraternity brothers not to fly the Confederate battle flag. A sorority was accused last year of discriminating against non-whites. Last year a federal court decision prompted Michael Adams, UGA's president, to remove the remnants of the school's affirmative action program in admissions.

   Molded during the civil rights era, Johnson and many other prominent Georgians are ''absolutely, strongly'' behind Adams' push to take the admissions case to the Supreme Court, if necessary. The support stands as evidence that Georgia politics has changed since the 1960s.

   However, state Attorney General Thurbert Baker, who is black, advised against the fight and gave the university a ''slim'' chance of prevailing. Criticisms of the school's commitment to diversity simmer. At a rally last year, NAACP UGA chapter member Lemir Starks said Adams preaches tolerance, but gets his dose of diversity at basketball games rather than at black cultural events on campus.

   When it comes to analyzing racial progress in the South, it definitely depends on who you talk to. At the state university, the question du jour is: Is 6 percent enough black UGA students in a state that is 28 percent black? The question of diversity will be taken up again this week here, by figures from the university's civil rights era, including the governor who opposed integration.

   ''The best thing you can hope for is a subjective appraisal, depending on who you talk to,'' says Jim Cobb, head of the university's history department.

   * * *

   In 1961, the battle lines were clearer. Racial segregation in Georgia seemed an institution so entrenched, so vast that no one could diminish it.

   In 1961, the Ku Klux Klan was still meeting at the Open House restaurant, ''within a stone's throw of the Arch'' at the university entrance, a federal court clerk recalls. The nation had just elected a progressive, new president in John F. Kennedy, but favorite Georgia sons such as Richard B. Russell Jr. remained in Washington, blocking bills that would improve the condition of Southern blacks.

   And school desegregation in Arkansas, Louisiana and Maryland hadn't changed the mood of the Georgia public. It had swept Gov. Ernest Vandiver into office on a platform of ''No, not one'' black would be admitted to white public schools.

   ''We thought it was a long way off,'' Vandiver said recently. ''We thought the next governor would have to deal with it.''

   The court order admitting Charlayne Hunter and Hamilton Holmes surprised the pair as much as the white leaders who had constructed a thicket of academic and legal regulations in an effort to keep them out.

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Willie Mae Moon

Posted: Sunday, March 24, 2002

   Willie Mae Moon, 87, of 224 Rocksprings Homes, died Tuesday, March 19, 2002.

   A native of Madison, Mrs. Moon was a daughter of the late John and Mary Lizzy Colbert Cunningham, was the widow of Olin Lee Moon Sr. and was preceded in death by a daughter, Annie Pearl Moon.

   Services will be at 1 p.m. Monday at Jackson-McWhorter Funeral Home with the Rev. Charles Knox officiating.

   Survivors include a son, Olin Lee Moon Jr., Athens; a sister, Ressie Lee Griffin, Greenville, S.C.; two grandsons raised in the home, Gary Moon, Augusta, and Cedric Fears, Athens; five grandchildren; 10 great-grandchildren; and three great-great-grandchildren.

   The family is at the home.

Athens Banner-Herald, Sunday, March 24, 2002

Published in the Athens Banner-Herald on Sunday, March 24, 2002.

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The Online Books Page

Froggy's Little Brother

Title:Froggy's Little Brother
Note:new edition; London: John F. Shaw, probably late 1800s
Stable link here:
Other copies:Look for editions of this book at your library, or elsewhere.

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32Red Casino World Cup of Slots

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32Red Casino is celebrating the Football World Cup with a tournament of their own and players can win a share of the massive $50,000 prize pool. The slots tournament started on the 1st of June and goes on till the 12th of July and players will go through several stages of elimination to win the ultimate payout with the World Cup of Slots promotion.

The Qualifying Round takes place from 1st till 11th June and to participate, you will be playing the popular Tomb Raider slot game. This round has a total of $10,000 on offer and 800 players will move on to the second round.

The second round is the Group Stage which will be hosted from the 14th to the 22nd June. This round has 8 exciting tournaments, each worth $1,000. The winner of each tournament will win £500 while 9 other players will win bonus cash. The 800 players from the Qualifying Round will participate for free or you can pay an entry fee of $10 to participate. A total of 50 players will qualify for the next round which is the Quarter Finals.

The Quarter Finals for World Cup of Slots tournament at 32Red Casino will be held from the 24th to the 29th June in four separate tournaments with cash prizes of $1,000 each. If you haven’t qualified for this stage, you can buy your way in with an entry fee of $20. The Semi Finals will be played out from the 2nd to the 5th of July and players who have made it to this round will have already won $1,750. There is a lot more to be won.

The two Semi Final tournaments will give $2,000 each to the winners and a total of $16,000 in prizes. If you weren’t lucky enough to get selected for this round simply buy your way in with $50. The top 16 players will go into the Final round from 8th to 12th July where the winner will be awarded $5,000.

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• alcoholis;
  • esophageal cancer;
  • saliva;
  • Streptococcus anginosus

Chronic alcohol consumption is known to be a major risk factor for cancers of the upper aerodigestive tract. The incidence of esophageal cancer (4.4%) in alcoholics is reported to be much higher than that in the Japanese population as a whole (0.0001%). This suggests the presence of specific factors in chronic alcohol consumption-related carcinogenesis. Recently, data showing a significant correlation between Streptococcus anginosus and carcinogenesis in the upper aerodigestive tract have been reported. In this study, the ratio of S. anginosus to oral bacteria in the saliva of 38 alcoholic patients was investigated to determine if there is an association between alcoholic patients and S. anginosus infection. The level of S. anginosus in the saliva from 22 healthy people, 41 esophageal cancer patients, 32 gastritis patients, and 24 periodontitis patients was also investigated and compared to the level in alcoholic patients. In the saliva from esophageal cancer patients, the level of S. anginosus was not significantly different from that of healthy people. The levels of S. anginosus in periodontitis and gastritis patients were also similar. In alcoholics, however, there was an extremely high level of S. anginosus, suggesting that they, rather than healthy people and general esophageal cancer patients, have a high risk for S. anginosus infection.


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Evolutionary Applications

All articles accepted from 14 August 2012 are published under the terms of the Creative Commons Attribution License.   Articles accepted before this date were published under the agreement as stated in the final article.

Cover image for Vol. 8 Issue 8

Edited By: Louis Bernatchez

Impact Factor: 3.896

ISI Journal Citation Reports © Ranking: 2014: 11/46 (Evolutionary Biology)

Online ISSN: 1752-4571

For Reviewers

Evolutionary Applications Guidelines for Reviewers

Thank you for agreeing to review for Evolutionary Applications. Below are some guidelines to help you make your decision regarding the suitability of the manuscript for Evolutionary Applications.  Many of these guidelines are taken verbatim from “Peer Review and Manuscript Management in Scientific Journals: Guidelines for Good Practice”, by Irene Hames (Blackwell Publishing, 2007).

Submitting your review:  Our manuscript central online reviewing site ( contains instructions regarding how to complete and submit the review online.  In exceptional circumstances (access to low-speed internet, etc.) reviewers are welcome to email their review directly to the editorial office:

A note about double-blind reviewing: Evolutionary Applications generally conducts double-blind reviewing, such that authors’ identities are not revealed to the reviewers, and vice versa. Because we use double-blind reviewing, previous reviews and decision letters for resubmitted papers are not downloadable from our Manuscript Central Online Reviewing site. Instead, after the referee agrees to conduct the review, the Managing Editor will email the appropriate review files to the referee. In certain cases it is unavoidable that the authors’ identities be revealed, and we will treat these on a case-by-case basis.

Scope:  Evolutionary Applications aims to publish papers that use theory or techniques from evolutionary biology to address questions of practical importance.  Why the paper is of ‘applied’ importance should be made obvious to the reader throughout the paper and particularly so in the Introduction.  There should be sufficient emphasis of explicitly how the study informs practical matters.  For example, the statement “the results of this study can aid conservation biologists in the creation of new wildlife habitats” is not sufficient.  In this example, the study must include explicitly how and why the results of the study are informative to the creation of new wildlife habitats. If the manuscript lacks a clear discussion of its practical relevance but appears to have the potential to achieve so, this should be taken into consideration on the decision process and stated in the referee’s report.

Originality and Significance:  The journal prefers to publish work that is original rather than confirmation of work done by others. There is some flexibility here if the paper is a Synthesis or Perspective paper, and involves compilations of published literature.  However Syntheses and Perspectives are still required to contribute original ideas, and make novel conclusions based on the resulting compilation.  Additionally, the significance of the work to the relevant bigger picture should be clear to the reader.

Research objectives:  Research objectives should be clearly stated, and should be sufficiently addressed by the study design.

Study design and methodology:  The study should be correctly designed to address the research objectives. The appropriate methods should be used correctly.  Flaws and omissions need to be brought to the authors’ attention.  Authors should describe the statistical analyses used, with justification for why particular analyses were performed (especially if the statistical methods used are obscure).

Soundness of results:  The data presented should seem reasonable given the study design.  Sufficient replication should have been conducted, and all data should be accounted for.

Interpretation:  Data should be analyzed and interpreted within the bounds of the study. Overinterpretation of data is highly discouraged.  Alternative explanations should be presented, and results of related studies should be taken into account.

Existing literature: It should be obvious that the existing literature has been cited adequately. The background to the paper should be presented appropriately, and the study should be set in the correct context.

Presentation: The paper should follow a clear and logical order. We encourage the use of standard headings (e.g. Abstract, Introduction, Methods, etc), but in the case of theoretical papers, or Syntheses and Perspectives, the headings should be tailored to the study at hand.  An excessive number of tables and figures is discouraged.  The paper should have been edited by a native English speaker.


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I will be doing a reading at the venerable Clocktower Gallery in Manhattan this April 26 (6-9PM) as part of a month-long residency by the band, Japanther.  The band has curated a series of four events with music, story telling, film, and amazing free food provided by their pal, Jenn Su, from LA.  Space is limited so please RSVP at the address below…

Here is some info

Japanther “Dinner-Actions” at The Clock Tower Gallery. Three Tuesdays in April, 2011

Conversations and informal presentations over delicious food prepared by Jenn Su
Featuring a telephone booth recording sculpture. Designed to capture stories of food, travel and survival. Eventually the sculpture would play the back a one hour radio program featuring the stories it captures, original music and audio from the presentations.

The 3 FREE “Dinner-Actions” will be on Tuesdays this April from 6-9 at 108
Leonard St. on the 13th Floor. Space is limited to 30 guests and you must RSVP to:

April 12th 6-9 pm Japanther “Process Lecture” and Aida Ruilova “Meet The Eye” and songs by Shellshag + KATHRYN MITZKA AND DAN REDDINGER

April 19th 6-9 pm “Puppies Summer Camp” and A piano performance by Ben Wildenhaus

April 26th 6-9 pm Night Toilet “Night Toilet Preceded by Seventy-two Zeroes.”  + a reading by Erick Lyle of Scam magazine

The gallery has been nice enough to fly Jenn Su out from L.A. to head up tis unique “pop-up” restaurant, read about her L.A. trading post in the NY Times
magazine here: Needless to say we are honored and excited to have her visiting us and look forward to some amazing meals.

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369 US 35 In the Matter of F L Shuttlesworth

369 U.S. 35

82 S.Ct. 551

7 L.Ed.2d 548

In the Matter of F. L. SHUTTLESWORTH.

No. 1073, Misc.

Feb. 26, 1962.

William M. Kunstler, for petitioner.

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Treating this application for habeas corpus as a petition for certiorari to review the denial by a judge of the Court of Appeals for the Fifth Circuit of a certificate of probable cause for appeal (28 U.S.C. § 2253, 28 U.S.C.A. § 2253) from the District Court for the Northern District of Alabama, cf. In re Burwell, 350 U.S. 521, 522, 76 S.Ct. 539, 100 L.Ed. 666, we grant it as such, vacate the order of the Court of Appeals, and remand the case to the District Court with instructions to hold the matter while petitioner pursues his state remedies (as indicated in the opinion of Judge Rives denying a certificate of probable cause), including an application for bail to state courts pending disposition of petitioner's application for state relief. In the event of failure to secure such relief, or to secure admission to bail pending such relief within five (5) days from the date of application for bail, petitioner may, upon appropriate showing, proceed on this application in the United States District Court which may then consider all state remedies exhausted and proceed to hear and determine the cause, including any application for bail pending that court's final disposition of the matter. The Clerk is directed to issue the judgment forthwith.

Order vacated and case remanded to the District Court.


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81 F3d 170 Soto-Gutierrez v. Immigration and Naturalization Service

81 F.3d 170

Jose N. SOTO-GUTIERREZ, Petitioner,

No. 95-70052.

United States Court of Appeals, Ninth Circuit.

Submitted Jan. 11, 1996.*
Decided March 25, 1996.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

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Before: CHOY, SNEED, and FERGUSON Circuit Judges.

Jose Soto-Gutierrez, a Nicaraguan citizen, petitions for review of the Board of Immigration Appeals' ("BIA") dismissal of his appeal from an immigration judge's decision finding him deportable as charged and denying his applications for asylum and witholding of deportation. Soto-Gutierrez contends his desertion from the Ministry of the Interior and the limitations placed on his food ration card amount either to persecution or provide a well-founded fear of persecution entitling him to asylum.

The decision of the BIA is affirmed. Soto-Gutierrez did not present any evidence of past persecution because of a proscribed reason. See Desir v. Ilchert, 840 F.2d 723, 729 (9th Cir.1988). The Sandinistas never harmed, threatened, or punished Soto-Gutierrez during the five years he lived in Nicaragua following his desertion from the Ministry of the Interior. See id. Moreover, the limitations placed on Soto-Gutierrez's food ration privileges did not amount to past persecution under the Immigration and Nationality Act. 8 U.S.C. § 1101(a)(42)(A); See Saballo-Cortez v. INS, 761 F.2d 1259, 1264 (9th Cir.1985).

Soto-Gutierrez also failed to establish that he has a well-founded fear of persecution. Significant political changes have occurred in Nicaragua since Soto-Gutierrez's departure in 1987. Specifically, the Sandinista government was replaced by a new coalition government in 1990. See Kazlauskas v. INS, 46 F.3d 902, 906 n. 3 (9th Cir.1995). Moreover, Soto-Gutierrez did not show that the civil hardships existing in Nicaragua would be directed at him as an individual. See Kaveh-Haghigy v. INS, 783 F.2d 1321, 1323 (9th Cir.1986) (per curiam).

Because Soto-Gutierrez failed to establish either past persecution or a well-founded fear of persecution, the BIA properly denied Soto-Gutierrez's applications for asylum. See Acewicz v. United States INS, 984 F.2d 1056, 1062 (9th Cir.1993). Moreover, because Soto-Gutierrez could not meet the lower standard for asylum, the denial of his application for witholding of deportation was proper. See Kazlauskas v. INS, 46 F.3d 902, 907 (9th Cir.1995). AFFIRMED.

The panel finds this case appropriate for submission without argument pursuant to 9th Cir.R. 34-4 and Fed.R.App.P. 34(a)

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This disposition is not appropriate for publication and may not be cited to or by the courts of this Circuit except as provided by 9th Cir.R. 36-3


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849 F2d 452 All Asbestos Cases Pk Bush v. Eagle-Picher Industries Inc

849 F.2d 452

Palmroy P.K. BUSH, Plaintiff,
Defendants/Third-Party- Plaintiffs/Appellees,
UNITED STATES of America, Third-Party-Defendant/Appellant.

No. 87-2336.

United States Court of Appeals,
Ninth Circuit.

Argued and Submitted May 13, 1988.
Decided June 17, 1988.

David S. Fishback, Torts Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C., for appellant U.S.

Joe G. Hollingsworth, Paul G. Gaston, Gary I. Rubin, Spriggs, Bode & Hollingsworth, Washington, D.C., for appellee Eagle-Picher Industries, Inc.

Harvey G. Sherzer, Robert M. Bruskin, James F.C. Worrall, Howrey & Simon, Washington, D.C., for amicus curiae Johns-Manville Sales Corp.

Appeal from the United States District Court for the District of Hawaii.

Before SCHROEDER, NOONAN and O'SCANNLAIN, Circuit Judges.

NOONAN, Circuit Judge:

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This case, which at bottom involves serious questions of liability for asbestos, goes off on a jurisdictional question. The result is determined by United States v. Hohri, --- U.S. ----, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987). As the case involves a permutation of Hohri, we publish the opinion.

In 1980 Eagle-Picher Industries, Inc. (Eagle-Picher) and other manufacturers of products that contained asbestos were sued in tort by plaintiffs who alleged that they had incurred injuries from exposure to the products at Pearl Harbor Naval Shipyard. In re All Asbestos Cases, 603 F.Supp. 599, 602 (D.Hawaii 1984). In 1981 Eagle-Picher and two manufacturers in turn brought third party actions against the United States. Jurisdiction in these suits was predicated on the ancillary and/or pendent jurisdiction in the plaintiff's asbestos suit and as to several counts jurisdiction was predicated on the Federal Tort Claims Act, 28 U.S.C. Sec. 1346(b), and as to several other counts on the Little Tucker Act, 28 U.S.C. Sec. 1346(a)(2).

In 1984 the district court dismissed the Little Tucker Act claims. In re All Asbestos Cases, 603 F.Supp. 599 (D.Hawaii 1984). At the same time, against the motion of the government to dismiss, the district court upheld one of Eagle-Picher's claims under the Federal Tort Claims Act. The district court subsequently denied two motions of the United States for reconsideration of the latter ruling. On April 6, 1987, the district court granted the government's motion to certify the Federal Tort Claims Act issue, involving the application of both federal and Hawaii worker's compensation provisions, for interlocutory appeal.

The United States' first petition to this court for permission to appeal was dismissed without prejudice as untimely, and the district court entered a recertification order. Because the Supreme Court by that time was considering Hohri, the United States then filed a petition for permission to appeal both with this court and the Federal Circuit. On July 7, 1987, a motions panel of this court granted the petition and at the same time denied the government's motion to transfer to the Federal Circuit. In the light of the action by our court, the Federal Circuit on September 10, 1987 denied the government's petition for permission to appeal. We now reconsider our jurisdiction.

Under 28 U.S.C. Sec. 1292(c) the Federal Circuit has "exclusive jurisdiction" of an appeal from an interlocutory order "in any case" over which the court would have jurisdiction of a final appeal under section 1295. Jurisdiction of an interlocutory appeal is thus dependent on the statute governing final appeals. Under section 1295(a) the Federal Circuit has jurisdiction of an appeal from a final decision of a district court "if the jurisdiction of that court was based, in whole or in part, on section 1346 of this title." If the jurisdiction was based both on the Federal Tort Claims Act and the Little Tucker Act the statute still applies and jurisdiction is exclusively in the Federal Circuit. United States v. Hohri, --- U.S. ----, 107 S.Ct. 2246, 96 L.Ed.2d 51 (1987).

Eagle-Picher attempts to distinguish Hohri on the ground that although Eagle-Picher asserted jurisdiction in the district court in part under the Little Tucker Act, that claim has been dismissed. But this dismissal is still open to appeal. More fundamentally, section 1295(a) makes the jurisdiction of the Federal Circuit dependent not on the claim currently before an appellate court but on the jurisdiction of the district court at the time the case was brought before the district court. Moreover, section 1292, addressed to interlocutory appeals, speaks in terms of "any case" in which the Federal Circuit would have had jurisdiction under section 1295. We are not, therefore, at liberty to consider the federal tort claim by itself. Jurisdiction of the district court in this case is dependent in part on the Little Tucker Act. Jurisdiction of any appeal is, therefore, in the Federal Circuit.

The objections that Eagle-Picher raises as to the appropriateness of state tort law being decided by a regional circuit court have all been met by Hohri, 107 S.Ct. at 2252-53. We accordingly hold that this court is without jurisdiction to entertain this appeal.

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The government asks, over Eagle-Picher's objection, that we transfer the appeal to the Federal Circuit and let it decide the federal and Hawaii state law issues. In certifying the interlocutory appeal, however, the district court observed that "[t]here is no controlling circuit law on this issue." Eagle-Picher did not oppose certification. It is apparent that when the district court originally certified the interlocutory appeal, appeal to this court was contemplated. We believe that Eagle-Picher should now have an opportunity to argue the appropriateness of an interlocutory appeal to the Federal Circuit and that the district court should have the opportunity to reconsider its order of certification. Accordingly, the previous order of the motions panel is VACATED, the appeal is DISMISSED, and the case is REMANDED to the district court.


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94 F3d 1399 Penrod v. Zavaras

94 F.3d 1399

Donald Adam PENROD, Plaintiff-Appellant,
Aristedes ZAVARAS; Frank O. Gunter; Mark McKinna; Robert
Furlong; Delayne Tornowski; Richard Murray; Mrs.
Tornowski; Mr. Shirey; Mr. Draper; Mr. Jarvis; Mr.
Sokol; Rennae Murphy; Betty Fulton; Richard Mischiera;
and John Doe Shift Commander; Captain on Duty 3:30 P.M.,
8/28/93; defendants in their individual capacities,

No. 95-1364.

United States Court of Appeals,
Tenth Circuit.

Aug. 26, 1996.

Donald Adam Penrod, Crowley, Colorado, pro se.

Gale A. Norton, Attorney General, and Cristina Valencia, Assistant Attorney General, Civil Litigation Section, Tort Litigation, District of Colorado, Denver, Colorado, for Defendants-Appellees.

Before PORFILIO, BRIGHT,* and KELLY, Circuit Judges.

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After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff Donald Penrod currently is serving a sentence at the Centennial Correctional Facility in Canon City, Colorado. Acting pro se, he filed this 42 U.S.C. § 1983 action alleging numerous constitutional violations when he was incarcerated at the Limon Correctional Facility [Limon] in Limon, Colorado. He seeks monetary damages and injunctive relief. The district court granted defendants' motion for summary judgment. We affirm in part and reverse in part.

I. Background

Plaintiff was incarcerated in the Limon facility in 1992. On January 28, 1992, two Limon corrections officers sustained knife wounds while breaking up an altercation between 150 inmates. Limon had been plagued with security problems since opening in 1991; three inmates were murdered and one committed suicide during its first two years of operation.

In response to the security problems, prison officials sought better methods for controlling the prison population. In early February 1992, a decision was made to keep all unassigned inmates (inmates who did not have jobs or participate in other programs) in an administrative segregation unit called Living Unit II. Prison officials could monitor the activities and control the movement of unassigned prisoners once they were all housed together. Restrictions were placed on the activities of prisoners in Living Unit II. Unassigned inmates in Living Unit II were given the opportunity to enter programs or find jobs, and once they entered a program or found a job they were moved into another unit. Plaintiff was placed in Living Unit II because he was unemployed and did not participate in other programs. Plaintiff was removed from Living Unit II in December 1992.

The Limon facility was able to transfer violent and disruptive prisoners when new prisons were opened in Colorado. These transfers have calmed the situation at the Limon facility, and since then, the Living Unit II concept has been abandoned.

Plaintiff claims that this placement in Living Unit II violated his right to equal protection in that defendants created an illegal suspect class of inmates who were subjected to cruel and unusual punishment and loss of privileges. He also asserts that his Fourteenth Amendment right to due process, his First Amendment right to petition the courts, and his Sixth Amendment right to access to the courts were violated. Plaintiff filed a second amended complaint in which he alleged additional Eighth Amendment violations and claimed that he was subjected to employment discrimination by his placement in Living Unit II.

The district court granted defendants' motion for summary judgment. We must liberally construe plaintiff's complaint because he is representing himself. Haines v. Kerner, 404 U.S. 519, 520-21, 92 S.Ct. 594, 595-96, 30 L.Ed.2d 652 (1972). Summary judgment may be granted when the moving party demonstrates there is no evidence to support the claims of the nonmoving party or that there is no genuine issue as to any material fact. Fed.R.Civ.P. 56(c); Celotex Corp. v. Catrett, 477 U.S. 317, 325, 106 S.Ct. 2548, 2553-54, 91 L.Ed.2d 265 (1986). An issue is "genuine" only if the evidence is such that a reasonable fact finder could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 2510, 91 L.Ed.2d 202 (1986). "Only disputes over facts that might affect the outcome of the suit under the governing law will properly preclude the entry of summary judgment. Factual disputes that are irrelevant or unnecessary will not be counted." Id.

II. Access to the Courts and Legal Resources

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Plaintiff claims that he was denied access to the prison law library and the courts as a result of his placement in Living Unit II. In Lewis v. Casey, --- U.S. ----, 116 S.Ct. 2174, 135 L.Ed.2d 606 (1996), the Supreme Court recently clarified a prisoner's right to access legal resources and the courts. The Court explained that under Bounds v. Smith, 430 U.S. 817, 97 S.Ct. 1491, 52 L.Ed.2d 72 (1977), the Fourteenth Amendment only guarantees the right of access to the courts. Although providing access to a law library is an acceptable means of effectuating the right of access to the courts, Bounds did not create an independent right of access to a law library or legal assistance. Lewis, --- U.S. at ---- - ----, 116 S.Ct. at 2179-80. The Lewis Court stated:

Because Bounds did not create an abstract, free-standing right to a law library or legal assistance, an inmate cannot establish relevant actual injury simply by establishing that his prison's law library or legal assistance program is sub-par in some theoretical sense. That would be the precise analogue of the healthy inmate claiming constitutional violation because of the inadequacy of the prison infirmary. Insofar as the right vindicated by Bounds is concerned, "meaningful access to the courts is the touchstone," Bounds, 430 U.S., at 823 [97 S.Ct., at 1495] ... (internal quotation marks omitted), and the inmate therefore must go one step further and demonstrate that the alleged shortcomings in the library or legal assistance program hindered his efforts to pursue a legal claim.

Id. at ----, 116 S.Ct. at 2180. Therefore, an inmate must satisfy the standing requirement of "actual injury" by showing that the denial of legal resources hindered the prisoner's efforts to pursue a nonfrivolous claim. Id. at ----, ----, 116 S.Ct. at 2179, 2182. Plaintiff alleged in his complaint:

The defendants severely restricted Plaintiff's regularly [sic] library privileges to only fifteen (15) minutes on Thursdays. Because the defendants placed restrictions on the number of segregated inmates who could go to the library on Thursdays, Plaintiff spent approximately eighteen (18) hours per day in a cell for weeks at a time with nothing to read which caused Plaintiff mental deterioration, anxiety and deep depression.

Before July 27, 1992 Plaintiff's Law library privileges were afternoons and evenings, Monday through Friday, for at least five (5) hours per day. From July 27, 1992 until approximately December 10, 1992 the defendants restricted Plaintiff's Law Library access unreasonably to only one (1) to five (5) hours per week. Sometimes Plaintiff's legal access requests slips were thrown away or ignored.

Plaintiff's Amended Complaint at 28 (emphasis omitted). Plaintiff makes a general allegation in his brief on appeal that his restricted library privileges denied him access to the courts. The injury plaintiff complains of, however, is that the restricted access left him "with nothing to read which caused Plaintiff mental deterioration, anxiety and deep depression." Plaintiff failed to allege that the library restrictions placed on unassigned prisoners hindered his effort to pursue a nonfrivolous legal claim.

Additionally, the constitutional obligation to provide inmates access to courts does not require states to give inmates unlimited access to a law library, see Twyman v. Crisp, 584 F.2d 352, 358 (10th Cir.1978), and inmates do not have the right to select the method by which access will be provided. Ramos v. Lamm, 639 F.2d 559, 583 (10th Cir.1980), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981). Time records of when Mr. Penrod spent time in the law library at Limon during the periods in question were attached to defendants' motion for summary judgment; the records show that he had access to the library several hours every week. (R., Vol. I, No. 39.) When a prison limits access to the courts by restricting an inmate's access to legal resources, "we must determine whether the prison's policy is reasonably related to legitimate penological interests." Petrick v. Maynard, 11 F.3d 991, 994-95 (10th Cir.1993). In the past we have considered economic factors, the reasonable alternatives to accommodating inmate requests, and "whether there is a 'valid' connection between the prison policy and putative government interest." Id. at 995; see Twyman, 584 F.2d at 359 (considering economic factors in examining the constitutionality of prison regulations). Considering the security problems at the Limon facility, the limits on unassigned prisoners' access to the law library were not unreasonable or constitutionally impermissible.

III. Alleged Retaliatory Acts

Plaintiff claims that the defendants took retaliatory actions against him for bringing suits against the prison and restricted him from petitioning the government for redress of his grievances in violation of the First Amendment. Plaintiff specifically alleged that the defendants forced him to choose between hygiene items and pursuing grievances and legal actions, seized his legal materials and transferred him into administrative segregation in retaliation for bringing suit against prison officials, and threatened him with further retaliation if he did not stop complaining. Defendants have not specifically disputed these allegations. The district court granted defendants summary judgment because it found they had qualified immunity because plaintiff failed to allege with sufficient specificity the parameters of the constitutional violation asserted. See Jantz v. Muci, 976 F.2d 623, 627 (10th Cir.1992), cert. denied, 508 U.S. 952, 113 S.Ct. 2445, 124 L.Ed.2d 662 (1993). Defendants do not have qualified immunity in this case, however, because it is well established that prison officials must provide inmates access to the courts, Bounds, 430 U.S. at 828, 97 S.Ct. at 1498, and prison officials may not harass or retaliate against an inmate for exercising his right of access to the courts. Smith v. Maschner, 899 F.2d 940, 947-48 (10th Cir.1990); see also U.S. Const. amend. I (protecting the right of the people "to petition the Government for a redress of grievances"); Hudson v. Palmer, 468 U.S. 517, 523, 104 S.Ct. 3194, 3198, 82 L.Ed.2d 393 (1984) (stating that "prisoners have the constitutional right to petition the Government for redress of their grievances, which includes a reasonable right of access to the courts"). Plaintiff alleged in his complaint:

Between July 17, 1992 and July 26, 1992 Plaintiff had a pre-trial conference by telephone with the Honorable United States District Court in the office of his Case Manager, Mrs. Rennae Murphy. Between April 1992 and July 21, 1992 the defendants had kept the facility on total lockdown most of that time, declaring state of emergencies that at least twice didn't even exist. Between July 13, 1992 and July 27, 1992 the defendants, particularly Mr. Mark McKinna, totally denied Plaintiff access to the Law Library. Be-- [sic] of this Plaintiff was unprepared for the pre-trial conference.

When the pre-trial conference ended, Plaintiff told Mrs. Rennae Murphy that he'd been without toothpaste since the total lockdown began July 13, 1992. plaintiff [sic] told her he had no money to purchase toothpaste and that during total facility lockdowns, inmates were suppose [sic] to receive toothpaste and razors. Additionally, Plaintiff was entitled under A.R. 850-14, as an indigent inmate, to receive toothpaste and razors. Mrs. Rennae Murphy denied Plaintiff's request stating, "You shouldn't be suing people," in reference to Civil Action Number 91-N-965, which involved the pre-trial conference, depriving Plaintiff of hygiene items given other similarly situated inmates by the Case Manager.

Mrs. Rennae Murphy's denial was to punish Plaintiff for having the pending lawsuit and her denial impinged and violated Plaintiff's First Amendment right to Petition the Government for Redress of Grievances. Const. Amend. I.

After Mrs. Rennae Murphy denied Plaintiff toothpaste and razors, Plaintiff requested grievance forms because he simply had no money and it appeared he would be segregated for a while without money or toothpaste and razors. Mrs. Rennae Murphy refused to give Plaintiff grievance forms, that are freely given to other similarly situated inmates who wish to exercise the grievance procedure....

Ms. Betty Fulton refused Plaintiff hygiene items, telling Plaintiff that if he wasn't suing police officers ... and spending so much money on legal postage, that Plaintiff would be able to afford toothpaste and razors.... Ms. Betty Fulton stated Plaintiff should not be suing people, ....

Plaintiff's Amended Complaint at 29-30. Plaintiff further alleged:

[T]he Administration and security officers were coming to Plaintiff's cell under the guise of cell searches with the intent and purpose to harass and intimidate, actually making threats to Plaintiff to stop complaining and not to file civil action against Case Manager Betty Fulton, Mailroom Officers, Mrs. Blasingame and Ms. Cook, Robert Furlong and Delayne Toronowski [sic], reading, photocopying and confiscating legal work and throwing it all over the cell. That Security Officer Solomon had admitted he was harassing and retaliating against me, that he was under orders to do so, ....

On approximately July 21, 1993 these defendants [Mr. Draper, Mr. Richard Mischiera, Mr. C. Jarvis and Mr. Sokol] began taking physical actions carrying out their conspiracy to retaliate against Plaintiff for exercising his First Amendment rights, by taking Plaintiff off permanent party status in Living Unit One and transferring Plaintiff specifically to Unit Six, specifically to the case load of "Case Manager Linda Toronowski [sic]," wife of Delayne Toronowski, defendant in Case Number 93-Z-1727. The defendants did this to carry out their conspiracy to retaliate against Plaintiff specifically through Case Manager Linda Toronowski [sic].

Additionally, Sargent Rocha and T. Smelser confiscated Plaintiff's [legal] notes.... When Plaintiff asked Sargent Rocha and T. Smelser why they were searching Plaintiff, T. Smelser told Plaintiff they were doing so on orders of Captain Bauer and that Plaintiff had better start minding his own business....

Then on April 23, 1993, ... Sargent Draper and Sargent Maher came to Plaintiff's cell and read Plaintiff's legal work and confiscated all the legal materials and federal law books....

Plaintiff's Amended Complaint at 38, 42-43, 48. The qualified immunity afforded in Jantz does not apply in this case because the jurisprudence prohibiting retaliatory acts against prisoners for reporting grievances is well-established. Plaintiff's allegations regarding the retaliatory acts--which are uncontroverted by the defendants--are very specific and raise a genuine issue of material fact. Thus, we must reverse and remand on this issue because the district court was incorrect in holding that defendants were entitled to qualified immunity on the First Amendment retaliation claim.

IV. Cruel and Unusual Punishment

Plaintiff claims that the conditions of his confinement in Living Unit II violated his Eighth Amendment right to be free from cruel and unusual punishment. Conditions of confinement fall within the Eighth Amendment because they are part of the penalty that criminal offenders pay for their offenses. See Whitley v. Albers, 475 U.S. 312, 318-19, 106 S.Ct. 1078, 1083-84, 89 L.Ed.2d 251 (1986). Although prison officials have broad administrative and discretionary authority to manage and control prisons, Bailey v. Shillinger, 828 F.2d 651, 653 (10th Cir.1987), they must provide humane conditions of confinement guided by "contemporary standards of decency." Estelle v. Gamble, 429 U.S. 97, 103, 97 S.Ct. 285, 290, 50 L.Ed.2d 251 (1976). "[A] prison official may be held liable under the Eighth Amendment for denying humane conditions of confinement only if he knows that inmates face a substantial risk of serious harm and disregards that risk by failing to take reasonable measures to abate it." Farmer v. Brennan, 511 U.S. 825, ----, 114 S.Ct. 1970, 1984, 128 L.Ed.2d 811 (1994). Therefore, we recently explained that an Eighth Amendment violation exists "only when the alleged deprivation is 'objectively, "sufficiently serious," ' and the prison official acts with ' "deliberate indifference" to inmate health or safety.' " Adkins v. Rodriguez, 59 F.3d 1034, 1037 (10th Cir.1995) (citations omitted). Plaintiff specifically alleged that prison officials retaliated against him by denying him free toothpaste and razors from July 13, 1992 to September 20, 1992. He asserts this violated his right to be free from cruel and unusual punishment because it caused his gums to bleed and recede and tooth decay that eventually had to be treated by a dentist. Plaintiff has raised a genuine issue of material fact in regard to whether prison officials' alleged denial of hygienic items caused plaintiff serious harm. Thus, we reverse and remand on whether prison officials caused plaintiff serious harm by failing to satisfy his basic hygienic needs.

V. Equal Protection

Plaintiff alleged that he was denied equal protection because the defendants created an illegal suspect class of inmates who were subjected to cruel and unusual punishment and loss of privileges. The Equal Protection Clause requires that no state deny any person within its jurisdiction the equal protection of the laws. U.S. Const. amend. XIV. An equal protection violation occurs when the government treats someone differently than another who is similarly situated. City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439, 105 S.Ct. 3249, 3254, 87 L.Ed.2d 313 (1985). Plaintiff made no allegation indicating that he is a member of a constitutionally protected class or that he has been denied a fundamental right, so the defendants' action in placing plaintiff in Living Unit II must only bear a rational relation to a legitimate state purpose. Jacobs, Visconsi & Jacobs, Co. v. City of Lawrence, 927 F.2d 1111, 1119 (10th Cir.1991). No equal protection violation occurred in this case because the defendants' action in placing plaintiff in Living Unit II was rationally related to the legitimate purpose of ensuring the security of the facility. The Living Unit II was created to control unassigned inmates, not to punish them. Plaintiff's equal protection claim is meritless.

VI. Due Process

Plaintiff claims that he was segregated from the general inmate population without a hearing in violation of his due process rights. "The Due Process Clause standing alone confers no liberty interest in freedom from state action taken within the sentence imposed." Sandin v. Conner, --- U.S. ----, ----, 115 S.Ct. 2293, 2298, 132 L.Ed.2d 418 (1995) (quotation omitted). The due process rights of prisoners are subject to reasonable limitation or restriction in light of the legitimate security concerns of the institution, Bell v. Wolfish, 441 U.S. 520, 546-47, 99 S.Ct. 1861, 1877-78, 60 L.Ed.2d 447 (1979), and "the transfer of an inmate to less amenable and more restrictive quarters for nonpunitive reasons is well within the terms of confinement ordinarily contemplated by a prison sentence." Hewitt v. Helms, 459 U.S. 460, 468, 103 S.Ct. 864, 869, 74 L.Ed.2d 675 (1983). Although states may in some circumstances create liberty interests protected by the Due Process Clause, the liberty interest created by prison regulations "will generally be limited to freedom from restraint which ... imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin, --- U.S. at ----, 115 S.Ct. at 2300.

Here, plaintiff cites to prison regulations which set forth procedures for segregating a prisoner beyond ten days. Plaintiff, an unassigned inmate, was placed with other unassigned inmates in administrative segregation for security purposes. Unassigned prisoners were informed that they would be moved to another unit once they entered a program or found a job, and plaintiff's status as an unassigned prisoner was due to his own conduct. Progress assessment summaries by plaintiff's case managers, provided by defendants as an exhibit to their motion for summary judgment, show plaintiff's unwillingness to work or participate in prison programs. In regard to work one summary states, "Mr. Penrod has not been employed this review period, he has not been assigned since December 91. Mr. Penrod chooses not to work." (R., Vol.I, No. 39, ex. B.) As for vocational and academic programs it states, "Mr. Penrod has had no participation this review period and shows no interest in obtaining a position in either of these areas." (Id.) Even though the conditions in Living Unit II were more restrictive than those imposed upon the general population, it offered inmates all of the same privileges as the general population inmates. Furthermore, "administrative segregation is the sort of confinement that inmates should reasonably anticipate receiving at some point in their incarceration." Hewitt, 459 U.S. at 468, 103 S.Ct. at 870. Prison officials were within their authority to limit the movement of unassigned prisoners, particularly in light of the security problems at the Limon facility. See Sandin, --- U.S. at ----, 115 S.Ct. at 2299 (federal courts must "afford appropriate deference and flexibility to state officials trying to manage a volatile environment"). The administrative segregation regime plaintiff was subjected to as a result of legitimate security concerns did not impose an atypical and significant hardship on the inmate in relation to the ordinary incidents of prison. Thus, plaintiff's due process claim lacked merit because the prison regulations did not create a liberty interest.

VII. Employment Discrimination

Plaintiff claims that he was subjected to employment discrimination by being placed in Living Unit II. He claims that employment opportunities were made available to the general prison population, but not to Living Unit II inmates. The defendants dispute this claim. Nevertheless, it is meritless because a state has no constitutional obligation to provide an inmate with employment, even if a statute or regulation creates such an interest. We have previously held that prisoners do not have a constitutional right to employment absent a regulation entitling prisoners to employment. Templeman v. Gunter, 16 F.3d 367, 370 (10th Cir.1994). Our holding in Templeman was modified by Sandin, however, in that prison regulations entitling prisoners to work do not create a constitutional liberty interest because a denial of employment opportunities to an inmate does not impose an "atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life." Sandin, --- U.S. at ----, 115 S.Ct. at 2300.

The judgment of the United States District Court for the District of Colorado is AFFIRMED in part, REVERSED in part and REMANDED.

Honorable Myron H. Bright, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation


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0.7.2 Release

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Release Notes

Welcome to OpenSimulator 0.7.2. Despite being a point number upgrade, this is actually quite a major release, incorporating a large number of fixes and improvements made since the release of OpenSimulator The major changes are listed in the sections below. In particular, this release incorporates experimental support for meshes as used by the latest version 3 Linden Lab viewers.

As ever, OpenSimulator is a highly complex piece of alpha software. It's likely but not guaranteed to work and various usage scenarios (standalone, grid, hypergrid, etc.) in combination with different dependencies (e.g. different versions of mono on Linux/Mac) can produce unexpected or unstable behaviour. If it breaks you get to keep both pieces.

If you are upgrading from a version prior to 0.7.x, make sure to read the 0.7 Release notes. There have been extensive changes in OpenSimulator from 0.6.x to 0.7.

When you are upgrading, we strongly recommend that you start off with the default configuration files and port over any changes you made to your older version of OpenSimulator.

As this is a wiki page, please feel free to update it with more information about migration or other issues as and when these come to light.

You can download OpenSimulator 0.7.2 from the downloads page.

Known issues

  • Sometimes creating body parts or clothing fails with no error message. This is not consistent - work around is simply to try again.
  • In a stock Linden Lab viewer 2/3, various tabs and buttons will point back to the Linden Lab website. In particular, the profile data will try to fetch from the Linden Lab website. It's not known currently how/whether this can be changed in the stock viewer.
  • In viewer 2/3, an avatar will appear to slide for a short while before the walking animation kicks in.
  • No form of prim equivalence is implemented for meshes.
  • Loading scripts from the simulator library does not work properly.
  • Multiple attachments on a single attachment point not supported. However, in viewers which do support multiple attachments, the enforcing of a single attachment on the simulator end should be much smoother.

OpenSimulator requires:

  • .NET Framework 3.5 when running under Windows.
  • At least Mono 2.4.3 when running under Mono (Linux or Mac). Mono 2.6.x and Mono 2.10.x onwards work well. Mono 2.8.x versions are reported as less stable in some situations.
  • Installation of the Nant build tool if building from source. Alternatively, the source can also be built using Microsoft Visual C# 2008 Express Edition under Windows or the xbuild tool shipped with Mono.

Backwards Compatibility Notices

  • Due to a libomv bug fix, teleports in this release are incompatible with OpenSimulator and earlier. This affects primarily Hypergrid teleports, since simulators within the same grid tend to be all in the same version. Teleports to OpenSimulator 0.7.1 and should work.

  • Hypergrid friends, landmarks, lures and instant messages support added. Please bear in mind this is experimental (as is the hypergrid in general) and may not always work. This should be compatible with the Hypergrid found in OpenSimulator 0.7.1 and
  • Issue fixed where the creator and owner of all prims created by foreign users was shown as "Unknown User".
  • Tell the user if a teleport fails because it is over the 4095 region co-ordinate limit.

  • Added ability to filter viewers allowed through the login service depending on the viewer string given. See entries in [GatekeeperService] section of config-include/*.ini files for more details.
  • Asset service now has "dump asset" command to dump any asset to the filesystem, given its UUID.
  • General support for HTTP in ROBUST services and the simulator, and support for llRequestSecureURL(). See this blog post for more details.
  • XML characters are now properly escaped in GridInfo gields.
  • Redirection to fallback regions for avatar login improved.
  • "show account" user service command added to show a user's account details.
  • "set user level" user service command added to change a user's level. The level governs whether a user has god status.
  • Login service can now tell viewers to use a different currency name.

General Simulator

  • Mesh implemented experimentally as seen in latest Linden Lab version 3 viewers. This includes upload. Not all aspects of this work, prim equivalence is not implemented, and if you want a physics proxy you need to select a high level of detail on the physics tab.
  • Agent limits implemented for regions. See Configuring Regions for more details.
  • Prim limits implemented for regions. See Configuring Regions for more details.
  • Region border crossings improved by sending all attachment data in one go rather than each attachment individually and by compressing the transfer. Also, "Inconsistent Attachment State" warning disabled - this was causing more trouble than it's worth.
  • Region data storage in MySQL changed from the InnoDB engine to the MyISAM engine. This results in a significant improvement when persisting a lot of data to the region (e.g. when loading an OAR).
  • Experimental Bullet physics module added. This works but is not yet ready for prime time. See this mailing list post for more details. Helping with testing requires you to run development code rather than this release.
  • RegionReady module fixed so that a simulator does not receive visitors until scripts has finished loading.
  • Implementation of the UDP protocol stack between the simulator and the viewer improved.
  • Undo/redo largely fixed. Some anomolies remain, notably a double undo being required after a prim size is changed.
  • Inter-simulator communication improved.
  • Object return fixed.
  • Pay prices preserved in object serializations.
  • Fixed issue where hover text could become unexpectedly green since the wrong value was used on persistence.
  • Avatar autopilot largely fixed, though some edge case bugs may remain.
  • "show region" console command now shows grid co-ordinates rather than meter co-ordinates.
  • "create region" console command no longer accepts a region UUID which is the same as that of an existing region.
  • "delete object outside" console command added that will delete objects outside the regions x and y bounds and above 10000m. Physics objects outside these boundaries can cause physics engine lag with the Open Dynamics Engine (ODE) physics plugin.
  • Fix a problem where adding a script to an attachment which had no existing inventory contents would crash viewer 3.

  • Fixed bug where freshly created regions would appear all white to viewer 2/3 users logging in. A server restart would also have fixed this.

  • A user who has the right to edit a parcel's properties can now always enter that parcel.
  • Prim limits enforced for parcels.
  • Fix situation where object return to a user would crash them if they were using viewer 3.

  • Map tiles fixed for viewer 2 and for hypergrid.
  • Land sale icons now appear.
  • Regions that fail to return a map tile are now blacklisted for a given period rather than until simulator restart.

  • --noassets option added to "save oar" and "save iar" commands. This saves an archive without any assets. This is useful if you are loading the archives onto a grid where you know that all the required assets are already present (e.g. where you backing up regions and the asset database separately).
  • Sun position saved correctly in OARs.
  • Profile, merge, noassets and skip-assets options added to load/save oar on the RemoteAdmin RPC interface.
  • Sit positions now saved in OARs.
  • --perms option added to allow archives to be saved excluding objects not marked copy and/or transfer. See OpenSim Archives.

  • NPC functions largely fixed. Also, new NPC functions added. See OSSLNPC for more details.

  • Appearance updating improved. Hopefully fewer avatar clouds.
  • Attachments support improved and various fixes made (e.g. a fix for dropping attachments).
  • Appearance settings (e.g. height slider) now correctly persisted for viewer 2/3.
  • HUDs for one user no longer occasionally appear on other viewers.

  • Bug fixed where viewer 1 users with very large inventories could freeze the sim.
  • Startup time improved by only saving library asset data to the database if it's not already there.
  • Updating of the viewer's inventory fixed when they receive a given inventory item.
  • Facility added to automatically create the necessary minimum body parts/clothes to render a clothed default avatar. This is necessary for viewer 2 and 3 since they don't have a built in default avatar to display if the required body parts/clothing isn't found. This is active by default in standalone mode.

  • Gods can now see all of a user's groups. Please note that groups support still requires an external 3rd party module.

Instant Messages

  • Handing of offline Instant Messages fixed.

  • llGetLinkNumberOfSides(), llRegionSayTo() implemented.
  • llGetParcelMaxPrims() fixed.
  • llGiveInventory() fixed if the user is in another simulator or offline.
  • llSensor() fixed so that if it's in an attachment, the detection cone faces in the direction of the avatar rather than in the rotation of the attachment relative to the avatar.
  • llFindList() fixed for situations where some functions used within a list did not work properly.
  • llTextBox() fixed.
  • llGetVel() fixed on attachments to return the avatar's speed rather than zero.
  • llGetPrimitiveParams() fixed for prim hollow/hole shape return values.
  • bug fixed where setting an alpha level on a prim that was using only the default texture would fail.
  • llAttachToAvatar() fixed.
  • llGetTorque() fixed.
  • llSetPrimitiveParams() fixed.
  • osMatchString() fixed.
  • osGetPrimitiveParams() and osSetPrimitveParams() fixed.
  • osTeleportAgent() and osTeleportOwner() fixed so that they don't send the user to a similarly named sim if the named sim does not exist, or sometimes even when it does exist. These are also fixed for scripts in attachments.
  • LSL integers can now start with a leading + sign.
  • Viewer crashing issue with llDialog() boxes fixed.
  • "DeleteScriptsOnStartup" option added to [XEngine] section of OpenSimDefaults.ini. If this is set to true, scripts are deleted on restart so any changes to OpenSimulator code do not cause a problem. If this is set to false, old DLLs are used, which results in a much faster startup.

Many, many thanks to all the developers, testers and community members who contributed to this release. Your hard work makes this all possible :)

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