Trinh

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PHILLIP JOSEPH JOHNSON, Case No. 1:23-cv-00241-JLT-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION, WITH PREJUDICE,

v. FOR FAILURE TO STATE A CLAIM TRINH, et al., (ECF No. 34) Defendants. FOURTEEN (14) DAY DEADLINE 16 Plaintiff Phillip Joseph Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Plaintiff’s second amended complaint, filed July 17, 2023, is currently before the Court for screening. (ECF No. 34.) I. Screening Requirement and Standard The Court is required to screen complaints brought by prisoners seeking relief against a governmental entity and/or against an officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). Plaintiff’s complaint, or any portion thereof, is subject to dismissal if it is frivolous or malicious, if it fails to state a claim upon which relief may be…