Wheeler

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ARIC WHEELER, Case No.: 21-CV-1945 JLS (BGS)

Petitioner,

ORDER: (1) ADOPTING REPORT

v. AND RECOMMENDATION AND

OVERRULING PETITIONER’S

KATHLEEN ALLISON, CDCR; N.

OBJECTIONS THERETO;

SAHNI; J. TEHRANI; and C. KUSAJ, (2) GRANTING RESPONDENTS’ Respondents. MOTION TO DISMISS; 16 (3) DENYING A CERTIFICATE OF APPEALABILITY; AND (4) DISMISSING ACTION

(ECF Nos. 4, 9 & 12)

Presently before the Court is Respondents Kathleen Allison, N. Sabni, J. Tehrani, and C. Kusaj’s (the last three the “Doctors,” and, all together, “Respondents”) Motion to Dismiss (“Mot.,” ECF No. 4), as well as Petitioner Aric Wheeler’s Opposition thereto (“Opp’n,” ECF No. 7). Magistrate Judge Bernard G. Skomal has issued a Report and Recommendation advising the Court to grant Respondents’ Motion in its entirety and 26 27 28 1 The Court notes…