Eutimio Aispuro v. Dr. Dedilo

I. BACKGROUND

On August 5, 2019, Plaintiff Eutimio Aispuro (“Plaintiff”), proceeding pro se and in forma pauperis (“IFP”), constructively filed1 a civil rights complaint (“Complaint” or “Compl.”) under 42 U.S.C. § 1983 (“§ 1983”) against Dr. Dedilo, a Santa Barbara County Jail physician, and the Santa Barbara County Sheriff (collectively, “Defendants”), in their individual capacities. Electronic Case Filing Number (“ECF No.”) 1, Compl. Plaintiff’s allegations arose out of incidents he alleged occurred between August 2016-October 2017. Id. at 3. On September 20, 2019, the Court issued an Order Dismissing Plaintiff’s Complaint With Leave To Amend (“ODLA”). ECF No. 9, ODLA. The Court instructed Plaintiff that should he choose to amend and refile his Complaint, he should follow the instructions listed in Section IV of the ODLA. Id. at 10-12.

1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to court, the court deems the pleading constructively “filed” on the date it is signed. Douglas v. Noelle, 567 F.3d 1103, 1107 (9th Cir. 2009) (applying the mailbox rule to civil rights suits filed by pro se prisoners). On October 11, 2019,…