Tunstall v. Bick et al
| Robert William Tunstall, Jr. |
| Joseph Bick, Nathanial K. Elam, L. Donnelly, A. Adams and S. Chaiken |
| 2:2016cv02604 |
| November 1, 2016 |
| US District Court for the Eastern District of California |
| Sacramento Office |
| Sacramento |
| Craig M. Kellison |
| Kimberly J. Mueller |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
168
ORDER signed by Chief District Judge Kimberly J. Mueller on 9/12/2023 ADOPTING in FULL 167 Findings and Recommendations. This action is DISMISSED pursuant to FRCP 25(a)(1). DENIED as MOOT 116 Motion to Revoke. The Clerk of the Court is directed to enter judgment and close this file. CASE CLOSED(Reader, L)
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Filing
167
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 8/3/2023 RECOMMENDING this action be dismissed pursuant to Federal Rule of Civil Procedure 25(a)(1) and defendants' 116 motion to revoke plaintiff's ifp status be denied as moot. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
162
ORDER signed by Magistrate Judge Dennis M. Cota on 12/20/2022 DIRECTING counsel for defendants to file a report on the status of providing notice to any next of kin with 30 days and DENYING AS MOOT 151 Motion for Court Order and 160 Motion to Appoint Counsel. (Coll, A)
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Filing
144
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 7/1/2022 RECOMMENDING that the 116 Motion to Revoke Plaintiff's IFP be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with this order. (Donati, J)
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Filing
128
ORDER signed by Magistrate Judge Dennis M. Cota on 3/8/2022 DENYING 117 Motion to Appoint Counsel. (Henshaw, R)
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Filing
124
ORDER signed by Chief District Judge Kimberly J. Mueller on 2/17/2022 ADOPTING 79 Findings and Recommendations in full; APPROVING 77 & 83 Election to Proceed on 57 3rd Amended Complaint against defendants Bick, Elam, Balanon, Doss, Spada, Britton, Spata, Lee, Camper, Perez, Hemenez, Rabbon, and Spaulding; and DISMISSING plaintiff's second, seventh, eighth, ninth, and tenth claims, and all other defendants for failure to state a claim. (Coll, A)
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Filing
119
ORDER signed by Magistrate Judge Dennis M. Cota on 1/25/2022 DENYING plaintiff's 109 motion for an extension of time. Plaintiff's opposition to defendants' motion to revoke plaintiff's ifp status is due within 60 days. Defendants' responsive pleading or motion shall be filed, if necessary within 30 days of the Court's final ruling on defendants' motion to revoke plaintiff's in forma pauperis status. (Yin, K)
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Filing
79
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 10/25/2021 RECOMMENDING plaintiff's 77 election, to withdraw the fourth amended complaint and proceed on the third amended complaint pursuant to the Court's scr eening order, be approved; this action proceed on plaintiff's 57 third amended complaint against defendants Bick, Elam, Balanon, Doss, Spada, Britton, Spata, Lee, Camper, Perez, Hemenez, Rabbon, and Spaulding on the following claims: a. Pl aintiff's first claim against Defendants Bick and Elam; b. Plaintiff's third claim against defendant Balanon; c. Plaintiff's fourth claim against defendants Spaulding, Doss, Spada, Britton, and Spata; d. Plaintiff's fifth claim a gainst defendant Lee; e. Plaintiff's sixth claim against defendants Camper, Perez, Hemenez, Rabbon, and Spaulding; and Plaintiff's second, seventh, eighth, ninth, and tenth claims, and all other defendants be dismissed. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days. (Yin, K)
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Filing
75
ORDER signed by Magistrate Judge Dennis M. Cota on 8/27/20: The Court shall, sua sponte, grant plaintiff an additional thirty days in which to withdraw his fourth amended complaint and proceed on his third amended complaint which states cognizab le claims or provide to the Court clear and current medical information that would support plaintiff's claimed inability to address the deficiencies in the fourth amended complaint, and alleged need for appointment of counsel. (Kaminski, H)
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Filing
73
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dennis M. Cota on 08/05/20 RECOMMENDING that plaintiff's action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)
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Filing
71
ORDER signed by Magistrate Judge Dennis M. Cota on 7/22/2020 ORDERING that Plaintiff may withdraw his 4th Amended Complaint within 30 days of the date of service of this order. (Henshaw, R)
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Filing
69
ORDER signed by Magistrate Judge Dennis M. Cota on 1/21/20 GRANTING 66 Motion for Extension of time. and DENYING 63 Motion to postpone. Plaintiff's 4th amended complaint is deemed timely. (Plummer, M)
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Filing
65
ORDER signed by Magistrate Judge Dennis M. Cota on 12/16/2019 GRANTING Motion for Extension of Time. Plaintiff may file a 4th Amended Complaint within 30 days of the date of this order. (Henshaw, R)
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Filing
60
ORDER signed by Magistrate Judge Dennis M. Cota on 9/13/2019 ORDERING plaintiff may file a fourth amended complaint within 30 days. (Yin, K)
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Filing
53
ORDER signed by Magistrate Judge Dennis M. Cota on 05/10/19 DENYING 39 Motion for ADA compliance; DENYING 42 Motion for a court order; and DENYING 43 Motion to Appoint Counsel. Plaintiff's second amended complaint is dismissed with leave to amend. Plaintiff shall file a third amended complaint within 30 days of the date of service of this order. (Plummer, M) Modified on 5/10/2019 (Plummer, M).
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Filing
34
ORDER signed by District Judge Kimberly J. Mueller on 3/19/2018 ORDERING that the Court ADOPTS the findings and recommendations filed January 23, 2018,to the extent the denial of injunctive relief is based on the conclusion that the named defendants are not prison officials with power to carry out anyrequested action; the court DECLINES to adopt the findings and recommendations to the extent the denial of injunctive relief is based on any other conclusion; and the court DENIES plaintiff's motions for injunctive relief (Docs. 12, 14, 17, 20, 28). (Becknal, R)
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Filing
33
ORDER signed by District Judge Kimberly J. Mueller on 2/26/18: 25 The findings and recommendations filed September 12, 2017, are adopted to the extent consistent with this order. 3 Motion for Preliminary Injunction is denied. (Kaminski, H)
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Filing
30
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 1/23/2018 RECOMMENDING 12 , 14 , 17 , 20 , and 28 Motions for Temporary Restraining Order/Injunctive Relief be denied. Referred to Judge Kimberly J. Mueller. Objections due within 14 days after being served with these findings and recommendations. (Henshaw, R)
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Filing
29
ORDER signed by Magistrate Judge Craig M. Kellison on 1/16/2018 DISMISSING 26 Amended Complaint with leave to amend. Plaintiff shall file an amended complaint within 30 days of the date of service of this order. (Fabillaran, J)
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Filing
25
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 9/12/2017 RECOMMENDING plaintiff's 3 motion for a temporary restraining order be denied. Referred to Judge Kimberly J. Mueller; Objections to F&R due within 14 days.(Yin, K)
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