Coons v. Meeks et al(MAG+)
ORDER as follows: (1) The magistrate judge's 26 Recommendation is rejected as to plaintiff Stanley L. Coons, Jr.'s federal medical-needs claim against defendant Dennis Meeks and Howard West. (2) Plaintiff Coons's federal medical-need s claim and defendants Meeks and West's 18 Motion to Dismiss are both referred back to the magistrate judge so that plaintiff Coons can draft and file, as suggested above in this order, an amended medical-needs claim that meets the magistrate judge's clarification requirements. As stated, defendants Meeks and West's current 18 Motion to Dismiss will then be denied as moot, and they could then file a new dismissal motion (if they so choose) challenging Coons's newly amended complaint. Signed by Honorable Myron H. Thompson on 1/6/2011. (dmn)
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