(PS) McGarry v. Johnson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DANIEL LAWRENCE McGARRY, No. 2:23-cv-00102 DJC AC (PS) Plaintiff, v. FINDINGS AND RECOMMENDATIONS NICK JOHNSON, et al., Defendants. 16 Plaintiff is proceeding in this matter pro se, and pre-trial proceedings are accordingly referred to the undersigned pursuant to Local Rule 302(c)(21). Pending before the court is defendants’ motion to dismiss. ECF No. 10. Plaintiff opposes the motion. ECF No. 14. Defendants submitted a reply brief. ECF No. 15. Having considered all the arguments presented, the undersigned recommends that the motion be granted. I. Background Plaintiff filed a complaint against prosecutor Nick Johnson, Sacramento County, and Yuba County, alleging pursuant to 42 U.S.C. § 1983 that his due process rights were violated during the prosecution of his state court criminal case. ECF No. 1 at 2-7. Plaintiff paid the filing fee, id., so the complaint was not subject to screening…