(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DANA SMITHEE, et al., ) Case No.: 1:19-cv-0004 - LJO - JLT ) Plaintiffs, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS GRANTING v. ) DEFENDANTS’ MOTIONS TO DISMISS ) (Docs. 29, 32, and 41) CALIFORNIA CORRECTIONAL ) INSTITUTION, et al., ) ORDER DEEMING THE THIRD AMENDED ) COMPLAINT FILED AUGUST 29, 2019 AS THE Defendants. ) OPERATIVE PLEADING ) (Doc. 45)

Plaintiffs allege decedent Cyrus Ayers was not provided proper medical care during his incarceration at the California Correctional Institution in Tehachapi, which resulted in his death. (See generally Doc. 26) Defendants Litt-Stoner, Seymour, Nesson and Celosse filed motions to dismiss the second amended complaint. (Docs. 29, 32) On August 15, 2019, the assigned magistrate judge determined Plaintiffs failed to allege facts sufficient to support their claims and recommended the second amended…