Timms

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No. 2:23-cv-1771-DC-JDP (P) Plaintiff, v. FINDINGS AND RECOMMENDATIONS R. TIMMS, et al., Defendants. 16 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. 27. I previously recommended that plaintiff’s claims be dismissed without leave to amend, ECF No. 22. Those recommendations were adopted in part, and the district judge dismissed the claims with leave to amend. ECF No. 26. Plaintiff has now filed a second amended complaint, ECF No. 27, and defendants have, for a second time, moved to dismiss the claims, ECF No. 28. Before taking up the motion to dismiss, however, I must screen the second amended complaint. I find that the complaint fails to state a cognizable claim, and I recommend that it be dismissed. Accordingly, I will…