BIRMINGHAM, Ala. (AP) — A judge is dismissing a second lawsuit filed by an Alabama man who says his penis was amputated during a botched circumcision.

A judge in Birmingham issued an order Wednesday throwing out the lawsuit filed by Johnny Lee Banks Jr. and his wife against a hospital and doctors he says injured him.

It’s the second lawsuit Banks has filed in the incident. Circuit Judge Jim Hughey dismissed Banks’ original lawsuit in August. Hughey ruled it wasn’t specific enough under Alabama’s malpractice law.

Hughey’s ruling on the second lawsuit cites similar reasons. But he left the door open for a third lawsuit.

Banks says he awoke from what should have been a routine circumcision to realize his penis was gone.

The hospital and doctors deny any wrongdoing. Court documents show Banks has numerous health problems.

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