Cortez
(PC) West v. Cortez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JERRY WEST, JR., No. 22-cv-01897-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
C. CORTEZ, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Plaintiff filed his first amended complaint (FAC) on March 6, 2023. ECF No. 14. The court screened the FAC and found that plaintiff’s allegations that defendants subjected him to repeated x-rays and searches without justification stated potentially cognizable claims under the Fourth and Eighth Amendments. ECF No. 18. The court dismissed plaintiff’s First Amendment, equal protection, and due process claims with leave to amend. Id. Plaintiff did not file a subsequent amended complaint, and those claims therefore remain dismissed. Now before the court is defendants’1 motion to partially dismiss the FAC pursuant to Federal Rule of Civil Procedure 12(b)(6). ECF No. 22. For the reasons that…