(PC) Smithee v. California Correctional Institution

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANA SMITHEE, et al. Case No. 1:19-cv-00004 JLT CDB

Plaintiffs, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

v. DEFENDANT PRATAP NARAYN’S MOTION

TO DISMISS

CALIFORNIA CORRECTIONAL INSTITUTION, et al. (Docs. 134, 141) 15 Defendants. 16 Dana Smithee and E.M. filed a fifth amended complaint against Pratap Narayn, seeking to hold the defendant liable for deliberate indifference (cruel and unusual punishment) pursuant to 42 U.S.C. § 1983. (Doc. 129.) Defendant moved to dismiss the fifth amended complaint. (Doc. 134.) The magistrate judge found Plaintiffs sufficiently pleaded a deliberate indifference claim against Defendant and recommended the motion be denied. (Doc. 141 at 10-18.) The magistrate judge also recommended Plaintiffs be granted leave to file a sixth amended complaint, “for the limited purpose of clarifying the damages sought in connection with Decedent’s pain and suffering.” (Id. at 18.) These Findings and…