Timms

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No. 2:23-cv-01771-JDP (P) Plaintiff, v. ORDER; FINDINGS AND

RECOMMENDATIONS

R. TIMMS, et al.,

Defendants. 16 17 Plaintiff, a state prisoner, brought this case alleging that defendants violated his Eighth Amendment rights by making decisions regarding his housing that placed him at an elevated risk of contracting COVID-19. ECF No. 12 at 4-5. He claims that the virus is especially threatening to him because of an underlying heart condition and his choice not to get the COVID-19 vaccine. Id. I found that the amended complaint stated cognizable Eighth Amendment claims against defendants Timms and Strickland based on those allegations. ECF No. 13. Now, both defendants have moved to dismiss, ECF No. 19, plaintiff has filed an opposition, ECF No. 20, and defendants have filed a reply, ECF No. 21. After review of the pleadings, I recommend that plaintiff’s claims be dismissed without leave to amend.…