Timms

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KORY T. O’BRIEN, Case No. 2:23-cv-1771-DC-JDP (P) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 R. TIMMS, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner, brought this case alleging that defendants violated his Eighth 18 Amendment rights by making decisions regarding his housing that placed him at an elevated risk 19 of contracting COVID-19. ECF No. 27. I previously recommended that plaintiff’s claims be 20 dismissed without leave to amend, ECF No. 22. Those recommendations were adopted in part, 21 and the district judge dismissed the claims with leave to amend. ECF No. 26. Plaintiff has now 22 filed a second amended complaint, ECF No. 27, and defendants have, for a second time, moved to 23 dismiss the claims, ECF No. 28. Before taking up the motion to dismiss, however, I must screen 24 the second amended complaint. I find that the complaint fails to state a cognizable claim, and I 25 recommend that it be dismissed. Accordingly, I will…