Sykes v. Athannasious et al

Filing 87

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 10/31/14 recommending that defendants CDCR and CMF be dismissed. Referred to Judge Troy L. Nunley. Objections due within 14 days. (Plummer, M)

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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.

FINDINGS AND RECOMMENDATIONS

ATHANNASIOUS, et al.,

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Defendants.

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Plaintiff is a state prisoner, proceeding with counsel, with a civil rights action pursuant to

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42 U.S.C. § 1983. The undersigned has concurrently issued an order addressing plaintiff’s

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motion for leave to file an amended complaint and proposed amended complaint. (ECF No. 79.)

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In this order, the undersigned found that plaintiff’s claims against defendants California

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Department of Corrections and Rehabilitation (“CDCR”) and California Medical Facility

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(“CMF”) are barred by the Eleventh Amendment. The undersigned now recommends dismissal

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of defendants CDCR and CMF on these grounds.

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Accordingly, IT IS HEREBY RECOMMENDED that defendants CDCR and CMF be
dismissed.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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after being served with these findings and recommendations, any party may file written
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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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Dated: October 31, 2014

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Sy2570.fr

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