Atherley

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDLY A. ATHERLEY, II, Case No.: 19cv2355-LAB-DEB

Plaintiff,

ORDER:

v. 1) OVERRULING OBJECTIONS SCOTT KERNAN, et al.,

TO JANUARY 6, 2022 R&R

Defendants. [Dkt. 38, 39];

16 2) ADOPTING SEPTEMBER 12, 2022 R&R [Dkt. 66]; AND

18 3) AMENDING SCHEDULING 19 ORDER [Dkt. 55, 74, 77]

On January 24, 2022, the Court issued an Order adopting the January 6, 2022 Report and Recommendation (“January 6th R&R”) issued by Magistrate Judge Daniel Butcher, denying Defendants’ motion to dismiss the First Amended Complaint (“FAC”) as to Plaintiff Edly A. Atherley, II’s claims against Defendants Pamplin and Strong, and dismissing with prejudice Atherley’s claims against Defendants Hultz, Jaramillo, Joyner, and Crespo. (Dkt. 30). Atherley subsequently submitted a letter to the Clerk of Court, claiming he never received a copy of the January 6th R&R and was therefore unable to timely file …