Tidwell v. Vestito

Tidwell v. Vestito

Plaintiff:	Juan M. Tidwell
Defendant:	C. Vestito
Case Number:	2:2016cv02529
Filed:	October 24, 2016
Court:	US District Court for the Eastern District of California
Office:	Sacramento Office
County:	Monterey
Presiding Judge:	Deborah Barnes
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By:	None

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Date Filed	Document Text
February 8, 2018	Filing 11 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/07/18 ORDERING The courts October 19, 2017 order 6 is VACATED in part as follows: a. The dismissal of plaintiffs complaint therein without leave to amend is VACAT ED, and b. The grant of plaintiffs request to proceed in forma pauperis as well as plaintiffs resulting obligation to pay the statutory filing fee as directed therein are to remain in full force and effect. The courts October 19, 2017 judgment 9 is VACATED in its entirety. Plaintiffs motion for reconsideration filed November 13, 2017 10 is DENIED as moot. The Clerk of Court is to randomly appoint a district court judge to preside over this matter. Also, RECOMMENDING that plaintiffs complaint be dismissed without leave to amend for failure to state a cognizable claim. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 2/8/2018 (Plummer, M).
October 19, 2017	Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Juan M. Tidwell signed by Magistrate Judge Deborah Barnes on 10/19/17. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

Date Filed

Document Text

February 8, 2018

Filing 11 ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Deborah Barnes on 2/07/18 ORDERING The courts October 19, 2017 order 6 is VACATED in part as follows: a. The dismissal of plaintiffs complaint therein without leave to amend is VACAT ED, and b. The grant of plaintiffs request to proceed in forma pauperis as well as plaintiffs resulting obligation to pay the statutory filing fee as directed therein are to remain in full force and effect. The courts October 19, 2017 judgment 9 is VACATED in its entirety. Plaintiffs motion for reconsideration filed November 13, 2017 10 is DENIED as moot. The Clerk of Court is to randomly appoint a district court judge to preside over this matter. Also, RECOMMENDING that plaintiffs complaint be dismissed without leave to amend for failure to state a cognizable claim. Assigned and referred to Judge John A. Mendez. Objections due within 14 days. (Plummer, M) Modified on 2/8/2018 (Plummer, M).

October 19, 2017

Filing 7 ORDER DIRECTING MONTHLY PAYMENTS be made from Prison Account of Juan M. Tidwell signed by Magistrate Judge Deborah Barnes on 10/19/17. CDC is to collect payments from plaintiff's account and forward to the clerk until the $350.00 filing fee is paid in full. Clerk to serve this order and a copy of plaintiff's IFP on the Director of CDC. Clerk to also serve Financial with a copy of this order. (cc: CDC Director and Financial)(Plummer, M)

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Plaintiff: Juan M. Tidwell
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Defendant: C. Vestito
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