(PC) Smithee v. California Correctional Institution

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 DANA SMITHEE, et al., ) Case No.: 1:19-cv-00004-LJO-JLT ) 12 Plaintiffs, ) FINDINGS AND RECOMMENDATIONS ) GRANTING DEFENDANTS’ MOTIONS TO 13 v. ) DISMISS1 ) 14 CALIFORNIA CORRECTIONAL ) (Docs. 48, 49) INSTITUTION, et al., 15 Defendants. ) ) 16 ) 17 After Cyrus Ayers killed himself while in custody, the child, E.M. and his mother, Dana 18 Smithee, filed this lawsuit. They allege Ayers was not provided proper medical care during his 19 incarceration at the California Correctional Institution in Tehachapi and…