Jack Leroy Carroll v. Ralph Diaz

INTRODUCTION

15 On April 20, 2022, Jack Leroy Carroll (“Plaintiff”), proceeding in forma 16 pauperis (“IFP”) and pro se, constructively filed1 a Complaint (“Complaint”) against 17 Ralph Diaz (“Diaz”), Secretary of the California Department of Corrections and 18 Rehabilitation (“CDCR”); Gina Rasheed (“Rasheed”), a registered nurse for the 19 CDCR; Michael Felder, MD (“Felder”), Chief Medical officer of the CDCR; and John 20 Doe-One, MD, the treating physician and surgeon (collectively, “Defendants”). ECF 21 Docket No. (“Dkt.”) 1 at 3–4. For the reasons discussed below, the Court dismisses 22 the Complaint with leave to amend. 23 If Plaintiff desires to pursue this action, he is ORDERED to respond by 24 no later than June 27, 2022, by choosing one (1) of the three (3) options 25 26 27 1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Roberts v. Marshall, 627 F.3d 768, 770 n.1 (9th Cir. 2010) (citation omitted); Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (stating the “mailbox rule applies to § 1983 suits filed by pro se prisoners”).…