Robles

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JUSTIN J. ERBACHER, No. 1:23-cv-01194-JLT-BAM (PC)

Plaintiff, ORDER REFUSING TO ADOPT THE

FINDINGS AND RECOMMENDATIONS

v. AND FINDING A CONGNIZABLE FOURTH

AND EIGHTH AMENDMENT CLAIM

ROBLES, (Doc. 12)

Defendants.

16 Justin J. Erbacher is a state prisoner proceeding pro se and in forma pauperis in this civil 17 rights action pursuant to 42 U.S.C. § 1983. The assigned Magistrate Judge screened the first 18 amended complaint and issued findings and recommendations, which concluded that the action 19 should be dismissed with prejudice for failure to state a cognizable claim upon which relief may 20 be granted. (Doc. 12.) Plaintiff filed objections. (Doc. 15.) 21 In her objections, the plaintiff reiterates that the officer’s conduct in strip searching her 22 was due to her transgender status. (Doc. 15 at 1 -2) She alleged that the officer allowed some 23 inmates to enter the “Work Change” area without searching them, but that the…