Wheeler v. Alison et al
Filing
40
ORDER ADOPTING 37 FINDINGS AND RECOMMENDATIONS and ORDER GRANTING 29 Defendants' Motion to Dismiss Plaintiff's Claim for Damages Against Defendants in their Official Capacity signed by District Judge Lawrence J. O'Neill on 1/2/2014. Defendants are ORDERED to file a responsive pleading within thirty (30) days. (Jessen, A)
1
2
3
4
5
6
UNITED STATES DISTRICT COURT
7
EASTERN DISTRICT OF CALIFORNIA
8
9
10
11
ERIC WHEELER,
12
Plaintiff,
13
vs.
14
15
KATHLEEN ALISON, et al.,
Defendants.
16
17
)
)
)
)
)
)
)
)
)
)
1:12cv00861 LJO DLB PC
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS AND GRANTING
DEFENDANTS’ MOTION TO DISMISS
(Document 37)
Plaintiff Eric Wheeler (“Plaintiff”) is a state prisoner proceeding pro se and in forma
18
19
pauperis in this civil rights action. Plaintiff filed his complaint on May 25, 2012.
On August 22, 2013, Defendants Murrieta, Lowder, Loftis, Duck and Alison1 filed a
20
21
Motion to Dismiss the claim for damages against Defendants in their official capacity pursuant to
22
Federal Rule of Civil Procedure 12(b)(6). The matter was referred to a United States Magistrate
23
Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
On November 21, 2013, the Court issued Findings and Recommendations that
24
25
Defendants’ motion be granted. The Findings and Recommendations were served on the parties
26
1
27
28
Defendants Ross, Mui and Ancheta have not yet been served. Defendant Neubarth requested an extension of time
to file an answer, which was granted on December 26, 2013.
1
1
2
3
and contained notice that any objections were to be filed within thirty days. Neither party has
filed objections.
4
In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C), this Court has conducted
5
a de novo review of this case. Having carefully reviewed the entire file, the Court finds that the
6
Findings and Recommendations are supported by the record and proper analysis.
7
Accordingly, IT IS HEREBY ORDERED that:
8
1.
The Findings and Recommendations, filed on November 21, 2013, are adopted;
9
2.
Defendants’ Motion to Dismiss (Document 29) is GRANTED;
3.
Plaintiff’s claim for damages against Defendants in their official capacity is
10
11
12
DISMISSED; and
4.
Defendants are ORDERED to file a responsive pleading within thirty (30) days of
13
14
the date of service of this order.
IT IS SO ORDERED.
15
Dated:
16
/s/ Lawrence J. O’Neill
January 2, 2014
UNITED STATES DISTRICT JUDGE
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?