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)
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UNITED
STATES
DISTRICT
COURT
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EASTERN
DISTRICT
OF
CALIFORNIA
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ERIC WHEELER,
Plaintiff,
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vs.
KATHLEEN ALISON, et al.,
Defendants.
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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.
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On May 20, 2014, the Court issued Findings and Recommendations that Defendant Mui’s
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motion be denied. The Findings and Recommendations were served on the parties and contained
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notice that any objections were to be filed within twenty-one (21) days. Neither party has filed
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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
Findings and Recommendations are supported by the record and proper analysis.
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Accordingly, IT IS HEREBY ORDERED that:
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1.
The Findings and Recommendations, filed on May 20, 2014, are adopted in full;
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2.
Defendant Mui’s motion to dismiss (Document 75) is DENIED; and
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3.
Defendant Mui is ORDERED to file a responsive pleading within thirty (30) days
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of the date of service of this order.
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SO ORDERED
Dated: June 18, 2014
/s/ Lawrence J. O’Neill
United States District Judge
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