Leonardo Joseph Rangel v. Joseph Gile

I. BACKGROUND

On June 23, 2017, Plaintiff Leonardo Joseph Rangel (“Plaintiff”), proceeding pro se and in forma pauperis, constructively filed1 his Complaint (“Complaint” or “Compl.”) under 42 U.S.C. § 1983 (“§ 1983”) against Deputy Sheriff Joseph Giles2, Deputy Lopez, and Deputy Hogue (collectively “Defendants”), in both their individual and official capacities. Electronic Case Filing Number (“ECF No.”) 1, Compl.

On October 23, 2017, the Court issued an Order To Show Cause As To Why Action Should Not Be Dismissed (“OSC”) for failing to timely file a Notice of Service of Summons on each named Defendant. ECF No. 8, OSC. On January 8, 2018, Plaintiff filed a Proof of Service (“POS”) for each named Defendant; however, the POSs did not include a summons and did not

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). 2 Plaintiff refers to Defendant’s name as “Gile,” but Defendant’s responsive pleading indicates that the…