Timms
(PC) O'Brien v. Timms
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KORY T. O’BRIEN, Case No. 2:23-cv-01771-JDP (PC) Plaintiff, SCREENING ORDER FINDING THAT
THE COMPLAINT FAILS TO STATE A
v. COGNIZABLE CLAIM AND GRANTING
AN OPPORTUNITY TO AMEND
R. TIMMS, et al., ECF No. 1 Defendants.
ORDER GRANTING PLAINTIFF’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS
17 ECF Nos. 6 18 19 20 Plaintiff, a state prisoner, alleges that defendants Timms and Strickland have violated his Eighth Amendment rights by failing to protect him from future harm of Covid-19 exposure. ECF No. 1 at 6. These allegations are, for the reasons stated below, insufficient to proceed past screening. I will give plaintiff an opportunity to amend and grant his application to proceed in forma pauperis. ECF No. 6.
27 28 Screening Order I. Screening and Pleading Requirements A federal court must screen a prisoner’s complaint that seeks relief…