Joseph Aaron McKissick v. Josie Gastello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 JOSEPH AARON MCKISSICK, Case No. 2:21-cv-01945-VAP (MAA) 11 12 Plaintiff, MEMORANDUM DECISION AND

ORDER DISMISSING COMPLAINT

13 v.

WITH LEAVE TO AMEND

14

JOSIE GASTELO,

15 Defendant. 1 16 7

18 I. INTRODUCTION 19 On March 1, 2021, Plaintiff Joseph Aaron McKissick (“Plaintiff”), a 20 California inmate housed at California Men’s Colony State Prison (“CMC”), 21 proceeding pro se, filed a Complaint alleging violations of his civil rights pursuant 22 to 42 U.S.C. § 1983 (“Section 1983”). (Compl., ECF No. 1.) On March 4, 2021, 23 the Court granted Plaintiff’s Request to Proceed Without Prepayment of Filing 24 Fees. (ECF Nos. 2, 5.) 25 The Court has screened the Complaint, and dismisses it with leave to amend 26 for the reasons stated below. No later than May 13, 2021, Plaintiff must either: 27 (1) file a First Amended Complaint; or (2) advise the Court that Plaintiff no longer 28 intends to pursue this lawsuit. 1 II. PLAINTIFF’S ALLEGATIONS AND CLAIMS1 2 The Complaint is filed against Josie Gastelo,…