(PC)Dibartolomeo v. Jimenez et al, No. 2:2015cv02347 - Document 6 (E.D. Cal. 2015)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 12/28/15 RECOMMENDING that defendant Himelblau be dismissed. Referred to Judge John A. Mendez; Objections to F&R due within 14 days.(Dillon, M)

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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 15 No. 2: 15-cv-2347 JAM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS LINDA JIMINEZ, et al., Defendants. 16 17 Plaintiff is a prisoner, proceeding without counsel, with a civil rights action pursuant to 42 18 U.S.C. § 1983. The undersigned has separately issued an order screening plaintiff’s complaint. 19 The undersigned found that plaintiff stated potentially colorable claims for relief against 20 defendants Jiminez and Tatarion, and ordered service of these defendants. The undersigned 21 found that plaintiff’s claims against defendant Himelblau were legally frivolous. For the reasons 22 stated in that order, the undersigned herein recommends that defendant Himelblau be dismissed. 23 Accordingly, IT IS HEREBY RECOMMENDED that defendant Himelblau be dismissed. 24 These findings and recommendations are submitted to the United States District Judge 25 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 26 after being served with these findings and recommendations, plaintiff may file written objections 27 with the court and serve a copy on all parties. Such a document should be captioned 28 “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that 1 1 failure to file objections within the specified time may waive the right to appeal the District 2 Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 3 Dated: December 28, 2015 4 5 6 7 8 Dibart2347.56 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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