Petersen

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KYLE PETERSEN, No. 1:20-cv-00954-DAD-EPG Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANT’S

v. MOTION TO DISMISS BE GRANTED AND

THAT THIS ACTION BE DISMISSED, WITH

MEKISHA BUYARD, PREJUDICE, FOR FAILURE TO STATE A

CLAIM, PROSECUTE THIS CASE, AND

Defendant. COMPLY WITH COURT ORDERS (ECF Nos. 23, 31, 33) OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

18 Plaintiff Kyle Petersen, a federal inmate proceeding pro se and in forma pauperis, filed this civil rights action on July 9, 2020, pursuant to 42 U.S.C. § 1983. (ECF No. 1). The complaint brings a single cause of action under the Fourth Amendment against Defendant Mekisha Buyard concerning the searches of Plaintiff’s cell phones. On April 12, 2021, Defendant moved to dismiss this case, arguing that Plaintiff fails to state a Fourth Amendment claim.…