Sykes v. Athannasious et al
Filing
95
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)
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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.,
Defendants.
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Plaintiff, a state prisoner proceeding through counsel, has filed this civil rights action
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seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate
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Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.
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On October 31, 2014, 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. Although the findings and
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recommendations do not directly address the dismissal of Defendants the California Department
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of Corrections and Rehabilitation (“CDCR”) and the California Medical Facility (“CMF”), the
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magistrate judge’s October 31, 2014, order granting Plaintiff’s motion to amend discusses the
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rationale for their dismissal. (ECF No. 86 at 2.) The Court agrees that CDCR and CMF are state
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government agencies to which immunity applies. Alabama v. Pugh, 438 U.S. 781, 782 (1978).
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Because the State of California has not consented to suit, Plaintiff’s claims against these
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defendants are barred by the Eleventh Amendment. Hans v. Louisiana, 134 U.S. 1, 15
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(1890). Accordingly, IT IS HEREBY ORDERED that:
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1. The findings and recommendations filed October 31, 2014, are adopted in full; and
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2. Defendants CDCR and CMF are dismissed.
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Dated: December 11, 2014
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Troy L. Nunley
United States District Judge
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