Kramer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TYRONE HUNT, No. 2:18-cv-3025 JAM KJN P Plaintiff, v. SGT. MARTINEZ, et al., ORDER AND FINDINGS AND

RECOMMENDATIONS

Defendants. 16 Plaintiff is a state prisoner, who proceeds without counsel and in forma pauperis, in this civil rights action filed under 42 U.S.C. § 1983. This case proceeds on plaintiff’s second amended complaint (“SAC”) alleging Eighth and Fourteenth Amendment claims for relief against defendants Kramer and Darley, based on two strip or unclothed body searches. Presently pending is defendants’ fully briefed motion to dismiss under Federal Rule of Civil Procedure 12(b)(6). As set forth below, the undersigned recommends that the motion be granted. In light of such recommendation, plaintiff’s recently filed motion to begin discovery is denied. I. Motion to Dismiss: Legal Standards Rule 12(b)(6) of the Federal Rules of Civil Procedures provides for motions to dismiss for “failure to state a claim upon…