Wheeler v. Alison et al

Filing 121

ORDER Adopting 101 FINDINGS AND RECOMMENDATIONS and DENYING Defendant Mui's 75 Motion to Dismiss signed by District Judge Lawrence J. O'Neill on 6/18/2014. (Sant Agata, S)

1
2
3
4
5
6

UNITED
 STATES
 DISTRICT
 COURT

7

EASTERN
 DISTRICT
 OF
 CALIFORNIA

8
9
10
11
12

ERIC WHEELER,
Plaintiff,

13
14
15

vs.
KATHLEEN ALISON, et al.,
Defendants.

16
17
18
19
20
21
22

)
)
)
)
)
)
)
)
)
)

1:12cv00861 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND DENYING
DEFENDANT MUI’S MOTION TO
DISMISS
(Document 101)

Plaintiff Eric Wheeler (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action. Plaintiff filed his complaint on May 25, 2012.
On March 14, 2014, Defendant Mui filed a motion to dismiss pursuant to Federal Rule of
Civil Procedure 12(b)(6). The matter was referred to a United States Magistrate Judge pursuant
to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

23

On May 20, 2014, the Court issued Findings and Recommendations that Defendant Mui’s

24

motion be denied. The Findings and Recommendations were served on the parties and contained

25

notice that any objections were to be filed within twenty-one (21) days. Neither party has filed

26

objections.

27
28

1

1
2
3
4

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
Findings and Recommendations are supported by the record and proper analysis.

5

Accordingly, IT IS HEREBY ORDERED that:

6

1.

The Findings and Recommendations, filed on May 20, 2014, are adopted in full;

7

2.

Defendant Mui’s motion to dismiss (Document 75) is DENIED; and

8

3.

Defendant Mui is ORDERED to file a responsive pleading within thirty (30) days

9

of the date of service of this order.

10
11
12
13

SO ORDERED
Dated: June 18, 2014
/s/ Lawrence J. O’Neill
United States District Judge

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2