Gerard F. Cellette v. Dale Pomerantz

INTRODUCTION

15 On June 7, 2022, Gerard Cellette (“Plaintiff”), proceeding pro se, constructively 16 filed1 a First Amended Complaint (“FAC”) against Dale Pomerantz, Neil Chambers, 17 Rhonda Skipper-Dota, M. Shimada, the Board of Parole Hearings (“BPH”) and Gavin 18 Newsom (“Defendants”). ECF Docket No. (“Dkt.”) 63 at 4–5. For the reasons 19 discussed below, the Court dismisses the FAC with leave to amend.2 20 If Plaintiff desires to pursue this action, he is ORDERED to respond by 21 no later than September 9, 2022, by choosing one of the three (3) options 22 23 1 Under the “mailbox rule,” when a pro se inmate gives prison authorities a pleading to mail to 24 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”). 26 2 Defendants Chambers and Pomerantz have filed a “Request for Screening Plaintiff’s Amended Complaint.” Dkt. 64. To the extent Defendants are requesting that the Court comply with its statutory obligations under 28…