(PC) Sykes v. Athannasious et al, No. 2:2012cv02570 - Document 115 (E.D. Cal. 2015)
Court Description: ORDER signed by District Judge Troy L. Nunley on 9/11/2015 ADOPTING IN FULL 114 Findings and Recommendations; DISMISSING the plaintiff's § 1983 and retaliation claims against Defendant Khaira without prejudice; DISMISSING the plaintiff� 39;s prayer for punitive damages pursuant to his state law medical malpractice claim with prejudice; GRANTING 103 Motion to Dismiss; DISMISSING Defendants Aguilera, Haile with prejudice; GRANTING the plaintiff thirty days to file a Second Amended Complaint. (Michel, G.)
Download PDF
<![CDATA[
(PC) Sykes v. Athannasious et al Doc. 115 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILTON SYKES, 12 13 14 No. 2:12-cv-2570 TLN KJN P Plaintiff, v. ORDER ATHANNASIOUS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On August 5, 2015, the magistrate judge filed findings and recommendations herein 21 which were served on all parties and which contained notice to all parties that any objections to 22 the findings and recommendations were to be filed within fourteen days. Neither party has filed 23 objections to the findings and recommendations. 24 The Court has reviewed the file and finds the findings and recommendations to be 25 supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY 26 ORDERED that: 27 28 1. The findings and recommendations filed August 5, 2015 (ECF No. 114) are adopted in full; 1 Dockets.Justia.com 1 2 3 4 5 6 7 2. Dr. Khaira’s Motion to Dismiss (ECF No. 92) is granted, and: A. To the extent that it is pled against Dr. Khaira, Plaintiff’s Section 1983 claim is dismissed without prejudice; B. To the extent that it is pled against Dr. Khaira, Plaintiff’s retaliation claim is dismissed without prejudice; and C. Plaintiff’s prayer for punitive damages pursuant to his state law medical malpractice claim is dismissed with prejudice. 8 3. Dr. Aguilera and Dr. Haile’s Motion to Dismiss (ECF No. 103) is granted. 9 4. Dr. Aguilera and Dr. Haile are dismissed with prejudice as Defendants in this action. 10 5. Plaintiff is granted thirty days to file a second amended complaint that complies with 11 this order, the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the 12 Local Rules of Practice. The second amended complaint must also bear the docket number 13 assigned to this case and must be labeled “Second Amended Complaint.” 14 15 IT IS SO ORDERED. 16 Dated: September 11, 2015 17 18 Troy L. Nunley United States District Judge 19 20 21 22 23 24 25 26 27 28 2
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
