Dibartolomeo v. Jimenez et al
Plaintiff: Joseph Anthony DiBartolomeo
Defendant: Linda Jimenez, Robert Himelblau and Nicholas Taiarioh
Case Number: 2:2015cv02347
Filed: November 12, 2015
Court: US District Court for the Eastern District of California
Office: Sacramento Office
County: San Joaquin
Presiding Judge: John A. Mendez
Presiding Judge: Kendall J. Newman
Nature of Suit: Civil Rights
Cause of Action: 42 U.S.C. ยง 1983
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 27, 2017 Opinion or Order Filing 48 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/27/17 RECOMMENDING that this action be dismissed without prejudice for failure to prosecute. Referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M)
November 7, 2017 Opinion or Order Filing 47 ORDER signed by Magistrate Judge Kendall J. Newman on 11/07/17 ORDERING that within 30 days from the date of this order, plaintiff shall file an opposition, if any, to the motion for summary judgment. (Plummer, M)
October 12, 2016 Opinion or Order Filing 41 ORDER signed by Magistrate Judge Kendall J. Newman on 10/12/2016 DENYING without prejudice plaintiff's 40 motion for appointment of counsel. (Yin, K)
August 25, 2016 Opinion or Order Filing 35 ORDER adopting in full 30 FINDINGS AND RECOMMENDATIONS signed by District Judge John A. Mendez on 8/25/16. Defendants' 19 motion to dismiss is granted in part and denied in part. Within 20 days of the date of this order, defendants shall file an answer to the complaint. (Kastilahn, A)
August 24, 2016 Opinion or Order Filing 34 ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/2016 DENYING plaintiff's 33 motion for the appointment of counsel. (Yin, K)
July 6, 2016 Opinion or Order Filing 30 FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 7/6/16 RECOMMENDING that defendants motion to dismiss (ECF No. 19 ) be denied as to plaintiff's Fourth Amendment claim against defendant Jimenez and plaintiff's Eighth Amendment claim alleging excessive force against defendant Taiariol; defendants' motion to dismiss should be granted in all other respects. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)
June 23, 2016 Opinion or Order Filing 25 ORDER signed by Magistrate Judge Kendall J. Newman on 06/23/16 ordering Within five days of the date of this order, defendants shall re-serve the motion to dismiss on plaintiff and file proof of service with the court. Plaintiffs motion for extension of time to file an opposition to defendants motion to dismiss 20 is granted; plaintiffs opposition is due within thirty days of the date of this order. Plaintiffs motion for appointment of counsel 21 is denied. (Plummer, M)
June 2, 2016 Opinion or Order Filing 22 ORDER signed by Magistrate Judge Kendall J. Newman on 06/02/16 ordering within fourteen days of the date of this order, the San Joaquin County Sheriff shall file a status report addressing plaintiffs access to the law library and copy services.The Clerk of the Court is directed to serve a copy of this order on the San Joaquin County Sheriff, 7000 Michael Canlis Blvd., French Camp, CA, 95231. (Plummer, M)
March 24, 2016 Opinion or Order Filing 18 ORDER signed by District Judge John A. Mendez on 3/23/16 ORDERING that the FINDINGS AND RECOMMENDATIONS filed 12/28/15 6 are ADOPTED in full; and Defendant Robert Himelblau is DISMISSED. (Mena-Sanchez, L)
December 28, 2015 Opinion or Order Filing 8 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Joseph A. DiBartolomeo signed by Magistrate Judge Kendall J. Newman on 12/28/2015. The Sheriff shall collect an initial partial filing fee and thereafter the balance in monthly paymen ts and forward to the Clerk until the $350.00 filing fee is paid in full. The Clerk is directed to serve this order and copy of plaintiff's IFP on the Sheriff of San Joaquin County. The Clerk shall also serve Financial with a copy of this order. (cc: Financial)(Yin, K)
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Plaintiff: Joseph Anthony DiBartolomeo
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Defendant: Linda Jimenez
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Defendant: Robert Himelblau
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Defendant: Nicholas Taiarioh
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