Sykes v. Athannasious et al
Filing
115
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.)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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MILTON SYKES,
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No. 2:12-cv-2570 TLN KJN P
Plaintiff,
v.
ORDER
ATHANNASIOUS, et al.,
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Defendants.
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Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief
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under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to
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28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On August 5, 2015, the magistrate judge filed findings and recommendations herein
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which were served on all parties and which contained notice to all parties that any objections to
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the findings and recommendations were to be filed within fourteen days. Neither party has filed
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objections to the findings and recommendations.
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The Court has reviewed the file and finds the findings and recommendations to be
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supported by the record and by the magistrate judge’s analysis. Accordingly, IT IS HEREBY
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ORDERED that:
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1. The findings and recommendations filed August 5, 2015 (ECF No. 114) are adopted in
full;
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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.
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3. Dr. Aguilera and Dr. Haile’s Motion to Dismiss (ECF No. 103) is granted.
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4. Dr. Aguilera and Dr. Haile are dismissed with prejudice as Defendants in this action.
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5. Plaintiff is granted thirty days to file a second amended complaint that complies with
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this order, the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the
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Local Rules of Practice. The second amended complaint must also bear the docket number
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assigned to this case and must be labeled “Second Amended Complaint.”
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IT IS SO ORDERED.
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Dated: September 11, 2015
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Troy L. Nunley
United States District Judge
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