(PC)Sykes

(PC)Sykes v. Avenal State Prison

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20241:23-cv-00966California499 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TROY A. SYKES, Case No.: 1:23-cv-00966-JLT-SKO (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS CERTAIN CLAIMS AND

v. DEFENDANTS

AVENAL STATE PRISON, et al., 14-DAY OBJECTION PERIOD

Defendants.

16 Plaintiff Troy A. Sykes is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. INTRODUCTION On September 16, 2024, the Court issued its Second Screening Order. (Doc. 12.) The Court found Plaintiff stated a cognizable Eighth Amendment claim against Defendant John Doe but failed to allege any other cognizable claim against any named defendant. (Id. at 4-9.) Plaintiff was directed to do one of the following within 21 days: (1) notify the Court he did not wish to file a second amended complaint and instead was willing to proceed only on the Eighth Amendment conditions of confinement claim against Defendant Doe, the remaining claims to be dismissed; or 26 …

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