Johnston

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 TYRONE JOHNSTON, Case No. 1:19-cv-00926-AWI-EPG 11 Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING THAT THIS ACTION

v. BE DISMISSED WITH PREJUDICE AS TO

THE DISTRICT ATTORNEY AND

INVESTIGATING OFFICERS, AND

MERCED DISTRICT ATTORNEY’S

OFFICE, et al., WITHOUT PREJUDICE AS TO

ATTORNEY FOSTER

Defendants. (ECF No. 6)

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE (21) DAYS

19 Plaintiff, Tyrone Johnston, appearing pro se and in forma pauperis, commenced this action on July 8, 2019, by filing a complaint under 28 U.S.C. § 1983 alleging law enforcement misconduct in connection with a murder charge against him. (ECF No. 1.) On November 25, 2019, the Court issued a screening order finding that Plaintiff’s complaint stated no cognizable claims, and giving Plaintiff leave to amend his complaint. (ECF No. 5) Plaintiff filed a First Amended Complaint on December 19, 2019, which is before the Court…