Mistriel v. Kern County, et al
Plaintiff: Robert Glen Mistriel
Defendant: Kern County, Bakersfield Juvenile Probation Department, Bakersfield District Attorney, Bakersfield Police Department, Ed Jagels, Kern County District Attorney's Office, l Leddy and Stephen Tauzer
Case Number: 1:2003cv06922
Filed: December 24, 2003
Court: US District Court for the Eastern District of California
Office: Fresno Office
County: Kern
Presiding Judge: Anthony W. Ishii
Presiding Judge: William M. Wunderlich
Nature of Suit: Other Civil Rights
Cause of Action: 28 U.S.C. ยง 1983
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
June 8, 2012 Opinion or Order Filing 94 ORDER Directing The Clerk Of The Court To Close This Action (Document # 94 ), signed by Chief Judge Anthony W. Ishii on 6/7/2012. CASE CLOSED. (Fahrney, E)
March 20, 2012 Opinion or Order Filing 86 ORDER DISMISSING Defendant City of Bakersfield, signed by Chief Judge Anthony W. Ishii on 3/20/2012. Plaintiff's 83 Motion to Dismiss is GRANTED. (Marrujo, C)
March 1, 2012 Opinion or Order Filing 80 ORDER regarding the City of Bakersfield's Motion to Compel, document 72 . The City of Bakersfield shall re-serve its discovery requests on plaintiff at his current address of record and file a certificate of establishing re-service of said requ ests. Plaintiff shall, within 21 days of re-service of the requests, either file a statement of opposition to the City's Motion to Compel or, file a statement of non-opposition to the motion and then serve responses to the discovery requests within 45 days of re-service and, should plaintiff fail to do either, the Court will grant the City's Motion to Compel. Order signed by Magistrate Judge Sheila K. Oberto on 2/29/2012. (Rooney, M)
February 21, 2012 Opinion or Order Filing 77 ORDER GRANTING 76 City of Bakersfield's ex parte request for leave to depose plaintiff; signed by Magistrate Judge Sheila K. Oberto on 2/21/2012. (Timken, A)
February 7, 2012 Opinion or Order Filing 75 ORDER signed by Chief Judge Anthony W. Ishii on 2/6/2012 granting 63 Motion to Dismiss filed by Defendant, Catholic Charities of the Diocese of Fresno. (Lundstrom, T)
December 21, 2011 Opinion or Order Filing 71 ORDER GRANTING 70 Plaintiff's Motion for Extension of time to file an opposition brief. Plaintiff's request for an extension of time to file a brief in opposition to Defendant Catholic Charities of the Diocese of Fresno's motion to dismiss is GRANTED. Plaintiff's opposition shall be filed on or before January 9, 2012. Order signed by Magistrate Judge Sheila K. Oberto on 12/20/2011. (Timken, A)
November 14, 2011 Opinion or Order Filing 67 ORDER re 66 Plaintiff's Notice of Change of Address. Plaintiff's November 7, 2011, Notice of Change of Address is DISREGARDED and STRICKEN from the record; and Plaintiff may file a motion requesting service at an alternative address. Order signed by Magistrate Judge Sheila K. Oberto on 11/10/2011. (Timken, A)
November 3, 2011 Opinion or Order Filing 65 ORDER GRANTING 64 Plaintiff's Motion for Extension of time to file an opposition brief. Plaintiff's request for an extension of time to file a brief in opposition to Defendant Catholic Charities of the Diocese of Fresno's motion to dismiss is GRANTED nunc pro tunc; and Plaintiff's opposition shall be filed on or before December 5, 2011. Order signed by Magistrate Judge Sheila K. Oberto on 11/2/2011. (Timken, A)
September 6, 2011 Opinion or Order Filing 61 DISCOVERY ORDER/SCHEDULING ORDER signed by Magistrate Judge Sheila K. Oberto on 9/5/2011. (Timken, A)
July 19, 2011 Opinion or Order Filing 54 SECOND INFORMATION ORDER, and motion to dismiss and motion for summary judgment notice signed by Magistrate Judge Sheila K. Oberto on 7/18/2011. (Timken, A)
July 18, 2011 Opinion or Order Filing 53 ORDER Directing Service By The United States Marshals Service Without Prepayment Of Costs, signed by Magistrate Judge Sheila K. Oberto on 7/15/2011. (Fahrney, E)
April 15, 2011 Opinion or Order Filing 49 ORDER GRANTING 48 Plaintiff's motion for an extension of time to file objections and DENYING Plaintiff's request for an order directing the Clerk of Court to issue USM-285 forms signed by Magistrate Judge Sheila K. Oberto on 4/14/2011. (Timken, A)
March 10, 2011 Opinion or Order Filing 47 FINDINGS and RECOMMENDATIONS recommending that 1) Plaintiff's Section 1983 claims against the Kern County Probation Department, the Kern County District Attorneys Office, the Kern County Personnel Board, the Bakersfield Police Department, and th e Kern Countys Child Protective Services Department be DISMISSED WITH PREJUDICE; 2) Plaintiff's Section 1983 claims against Defendants Jagels, Leddy, Tauzer, Rogers, Buck, Harper, Elias, Tarver, Fritts, Patterson, Fitts, estates of any deceased defendant, Virginia Ginger Moorhouse, Donald H. Fritts, the Bakersfield Californian Newspaper, and Elis Clock Emporium be DISMISSED WITH PREJUDICE; 3) That the COURT FIND that Plaintiff states cognizable claims against Defendants Glen Brown, Sally Ro ckholt, San Felipe Boys Home, the City of Bakersfield, and the County of Kern; 4) Service BE DETERMINED TO BE APPROPRIATE for the following defendants: Glen Brown, Sally Rockholt, San Felipe Boys Home, the City of Bakersfield, and the County of Kern; 5) The Clerk of the Court BE DIRECTED to send Plaintiff five (5) USM-285 forms, five (5) summonses, an instruction sheet, a notice of submission of documents form, and one copy of the third amended complaint filed in this Court on October 12, 2010; 6) Within thirty (30) days from the date of service of the District Judges order, Plaintiff BE DIRECTED to complete the attached Notice of Submission of Documents and submit the completed Notice to the Court with the following documents: a. Completed summonses; b. One completed USM-285 form for each defendant for which service is deemed appropriate; and c. 6 copies of the endorsed complaint filed in this Court; and 7) Plaintiff BE INFORMED that Plaintiff's failure to comply with the order w ill result in a recommendation to dismiss this action for failure to obey this Court's order. Matter referred to Judge Ishii; Objections to F&R due within thirty (30) days of service of this recommendation; signed by Magistrate Judge Sheila K. Oberto on 3/10/2011. (Timken, A)
August 31, 2010 Opinion or Order Filing 45 ORDER granting 44 Plaintiff's Request for Extension of time to file an amended complaint Nunc Pro Tunc, signed by Magistrate Judge Sheila K. Oberto on 8/31/2010. IT IS HEREBY ORDERED THAT: 1) Plaintiff's request for additional time to fil e an amended complaint is GRANTED nunc pro tunc; 2) Plaintiff shall file an amended complaint on or before October 18, 2010; 3) Plaintiff may not incorporate any new, unrelated claims to this action via his amended complaint; and 4) If Plaintiff fails to file an amended complaint, the Court will recommend that this action be dismissed, with prejudice, for failure to state a claim and failure to prosecute the case. (Timken, A)
May 17, 2010 Opinion or Order Filing 40 ORDER GRANTING in part, and DENYING in part, plaintiff's motion for an extension of time to file second amended complaint, document 39 ; second amended complaint due by 6/18/2010; order signed by Magistrate Judge Sheila K. Oberto on 5/15/2010. (Rooney, M)
April 6, 2010 Opinion or Order Filing 36 ORDER directing clerk of the court to re-designate case to reflect that of a regular civil action by removing "P" from case number, signed by Magistrate Judge Sandra M. Snyder on 04/05/2010. (Martin, S)
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Plaintiff: Robert Glen Mistriel
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Defendant: Kern County
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Defendant: Bakersfield Juvenile Probation Department
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Defendant: Bakersfield District Attorney
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Defendant: Bakersfield Police Department
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Defendant: Ed Jagels
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Defendant: Kern County District Attorney's Office
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Defendant: l Leddy
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Defendant: Stephen Tauzer
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