Blair

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JERMAINE ROBERT BLAIR. Case No.: 19cv1261-DMS(KSC)

CDCR #F-81619,

REPORT AND

Plaintiff, RECOMMENDATION RE v. DEFENDANT’S MOTION TO 14 DISMISS [Doc. No. 10.]

CORRECTIONAL OFFICER

15 HERRERA-SALAZAR, et al., 16 Defendant.

Plaintiff Jermaine Robert Blair is a prisoner proceeding in this Section 1983 civil rights action pro se and in forma pauperis. [Doc. Nos. 3, 6.] In his First Amended Complaint (FAC), plaintiff alleges his constitutional rights under the First and Eighth Amendments were violated by a correctional officer while he was housed at Centinela State Prison. More specifically, the FAC alleges that defendant Herrera-Salazar conducted a sexually motivated body cavity search on plaintiff and then retaliated against plaintiff by filing an “obscure and nebulous” Rules Violation Report (RVR) against him because he reported the alleged sexual misconduct to defendant’s supervisor. [Doc. No. 4, at pp. 3-5.] …