C.D.C.R.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 TIMOTHY COONS, Jr., Case No. 2:20-cv-01813-JDP (PC) Plaintiff, SCREENING ORDER v. SECOND AMENDED COMPLAINT

DUE WITHIN SIXTY DAYS

C.D.C.R, ECF No. 10 Defendant.

15 16 Plaintiff Timothy Coons is a state prisoner proceeding without counsel in this action brought under 28 U.S.C. § 1983. The court previously found that his initial complaint failed to state an Eighth Amendment claim against the California Department of Corrections and Rehabilitation (“CDCR”) because that defendant is immune from suit under the Eleventh Amendment. ECF No. 7. Plaintiff has since filed a first amended complaint, which is before the court for screening. ECF No. 10. The allegations in the amended complaint are virtually identical to those set forth in the original complaint. The only material difference is that plaintiff now asserts his Eighth Amendment claim against defendant State of California rather than the CDCR. California is…