Henderson v. Ayers

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

CHAPMAN, United States Magistrate Judge.

On October 12, 2006, defendant Robert L. Ayers, Jr. filed a motion to dismiss plaintiffs complaint, on October 27, 2006, plaintiff filed an opposition to the motion, and on November 6, 2006, plaintiff filed a supplemental opposition. Defendant Ayers did not file a reply.

BACKGROUND

On July 13, 2006, plaintiff Arthur Lee Henderson, Sr., 1 a state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint under 42 U.S.C. § 1983 against defendant…