Holstein

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ORVAL FLANNERY, No. 2:22-cv-01518 DB P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

HOLSTEIN, et al., Defendants. 16 Plaintiff, an inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 1983. Plaintiff proceeds on a claim that defendants violated his Fourth Amendment rights when plaintiff was subject to an involuntary cavity search. Presently before the court is defendants’ fully briefed motion to dismiss. (ECF No. 13.) For the reasons set forth below, the undersigned will recommend that the motion be denied. BACKGROUND I. Procedural History Plaintiff initiated this action with the filing of the complaint. (ECF No. 1.) The undersigned screened the complaint and determined it stated cognizable claim for an unreasonable search but failed to state cognizable claims for deliberate indifference to plaintiff’s medical needs, due process, or equal…