Anthony Kontos v. United States of America et al, No. 5:2013cv01398 - Document 61 (C.D. Cal. 2015)

Court Description: ORDER ACCEPTING FINDINGS AND RECOMMENDATIONS of United States Magistrate Judge by Judge Dean D. Pregerson: IT THEREFORE IS ORDERED that (1) defendants' Motion to Dismiss with respect to plaintiff's Eighth Amendment claim against defendant S terling is granted with leave to amend; (2) defendants' Motion to Dismiss with respect to plaintiff's Eighth Amendment claim against defendants Quinn and Ortiz is denied; (3) defendants Quinn and Ortiz shall file an Answer to the Second Ame nded Complaint within thirty (30) days of the service date of this Order; and (4) if plaintiff still desires to pursue his Eight Amendment claim against Mr. Sterling, he shall file a Third Amended Complaint remedying the deficiencies of that claim as discussed in the Report and Recommendation within thirty (30) days of the service date of this Order. (lwag)