Wilks

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY WHITE, No. 2:20-cv-0170 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

J. WILKS, Defendant. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis with a civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff alleges defendant touched him in a sexually inappropriate manner in violation of his Eighth Amendment rights. Before the court is plaintiff’s second amended complaint for screening. For the reasons set forth below, this court finds that, again, plaintiff fails to state a cognizable Eighth Amendment claim and recommends dismissal of this action. BACKGROUND Plaintiff is currently incarcerated at the Sierra Conservation Center. He alleges conduct by defendant that occurred when he was incarcerated at High Desert State Prison (“HDSP”) in June 2019. On screening plaintiff’s original complaint and first amended complaint, this court 27 …