Dibartolomeo v. Jimenez et al

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)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

JOSEPH ANTHONY DiBARTOLOMEO,

12
13
14

No. 2:15-cv-2347 JAM KJN P

Plaintiff,
v.

ORDER

LINDA JIMINEZ, et al.,

15

Defendants.

16
17

Plaintiff, a prisoner proceeding pro se, has filed this civil rights action seeking relief under

18

42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28

19

U.S.C. § 636(b)(1)(B) and Local Rule 302.

20

On July 06, 2016, the magistrate judge filed findings and recommendations herein which

21

were served on all parties and which contained notice to all parties that any objections to the

22

findings and recommendations were to be filed within fourteen days. Neither party has filed

23

objections to the findings and recommendations.

24

The court has reviewed the file and finds the findings and recommendations to be

25

supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY

26

ORDERED that:

27

1. The findings and recommendations filed July 06, 2016, are adopted in full;

28

2. Defendants’ motion to dismiss (ECF No. 19) is denied as to plaintiff’s Fourth
1

1

Amendment claim against defendant Jimenez and plaintiff’s Eighth Amendment claim alleging

2

excessive force against defendant Taiariol; defendants’ motion to dismiss is granted in all other

3

respects;

4
5
6

3. Within twenty days of the date of this order, defendants shall file an answer to the
complaint.
DATED: August 25, 2016

7

/s/ John A. Mendez________________________

8

UNITED STATES DISTRICT COURT JUDGE

9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2