(PC) Sykes v. Athannasious et al, No. 2:2012cv02570 - Document 95 (E.D. Cal. 2014)
Court Description: ORDER ADOPTING 87 FINDINGS AND RECOMMENDATIONS signed by District Judge Troy L. Nunley on 12/11/14. Defendants CDCR and CMF are DISMISSED. (Manzer, C)
Download PDF
<![CDATA[
(PC) Sykes v. Athannasious et al Doc. 95 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 15 No. 2:12-cv-2570-TLN-KJN-P Plaintiff, v. ORDER ATHANNASIOUS, et al., Defendants. 16 17 Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action 18 seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate 19 Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On October 31, 2014, 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. Although the findings and 26 recommendations do not directly address the dismissal of Defendants the California Department 27 of Corrections and Rehabilitation (“CDCR”) and the California Medical Facility (“CMF”), the 28 magistrate judge’s October 31, 2014, order granting Plaintiff’s motion to amend discusses the 1 Dockets.Justia.com 1 rationale for their dismissal. (ECF No. 86 at 2.) The Court agrees that CDCR and CMF are state 2 government agencies to which immunity applies. Alabama v. Pugh, 438 U.S. 781, 782 (1978). 3 Because the State of California has not consented to suit, Plaintiff’s claims against these 4 defendants are barred by the Eleventh Amendment. Hans v. Louisiana, 134 U.S. 1, 15 5 (1890). Accordingly, IT IS HEREBY ORDERED that: 6 1. The findings and recommendations filed October 31, 2014, are adopted in full; and 7 2. Defendants CDCR and CMF are dismissed. 8 9 Dated: December 11, 2014 10 11 12 13 Troy L. Nunley United States District Judge 14 15 16 17 18 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.
