Atcherley v. Clark et al

Filing 139

ORDER ADOPTING 109 FINDINGS AND RECOMMENDATIONS and Denying Defendant Anderson's Motion to Dismisss signed by District Judge Lawrence J. O'Neill on 10/14/2014. (Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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WILLIAM ATCHERLEY,

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Plaintiff,
vs.
EDGAR CLARK, et al.,
Defendants.

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1:12cv00225 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT ANDERSON’S MOTION TO
DISMISS
(Document 109)_

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Plaintiff William Atcherley (“Plaintiff”) is a prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 28 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s First Amended Complaint, filed on March 14, 2013, for violation of the Eighth

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Amendment and negligence against numerous Defendants.

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On May 27, 2014, Defendant Anderson filed a motion to dismiss pursuant to Federal

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Rule of Civil Procedure 12(b)(6). The matter was referred to a United States Magistrate Judge

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pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

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On September 10, 2014, the Magistrate Judge issued Findings and Recommendations that
Defendant’s motion to dismiss be denied. The Findings and Recommendations were served on

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the parties and contained notice that any objections to the Findings and Recommendations were
to be filed within twenty-one days. No party has filed objections.

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In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the

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Findings and Recommendations are supported by the record and by proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:

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full; and

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The Findings and Recommendations, filed September 10, 2014, are ADOPTED in

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Defendant Anderson’s motion to dismiss (Document 68) is DENIED.1
IT IS SO ORDERED.

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Dated:

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/s/ Lawrence J. O’Neill

October 14, 2014

UNITED STATES DISTRICT JUDGE

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Defendant Anderson filed an answer on October 9, 2014.
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