Newsom
(PC) Johnson v. Newsom
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ELLIS JOHNSON, No. 2:21-cv-0828 KJM KJN P Plaintiff, v. ORDER KATHLEEN ALLISON, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, in an action brought under 42 U.S.C. § 1983. Plaintiff’s third amended complaint is before the court. The court reviewed plaintiff’s pleading and, for the limited purposes of § 1915A screening, finds that it states a potentially cognizable Eighth Amendment claim against defendant Kuersten. See 28 U.S.C. § 1915A. For the reasons stated below, the court finds that the third amended complaint does not state a cognizable claim against the remaining defendants. The claims against those defendants are dismissed with leave to amend. In his pleading, plaintiff named the California Department of Corrections and Rehabilitation (“CDCR”) as one of the defendants. The Eleventh Amendment serves as a jurisdictional bar to suits brought by private…