Eutimio Aispuro v. Dr. Dedilo

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 11 EUTIMIO AISPURO, Case No. 2:19-cv-06938-JAK-SHK 12 Plaintiff, ORDER DISMISSING CASE v. 14 DR. DEDILO, et al., 15 Defendants. 16 17 For the following reasons, the case is DISMISSED without prejudice. I. BACKGROUND On January 21, 2020, Plaintiff Eutimio Aispuro (“Plaintiff”), proceeding pro se and in forma pauperis, constructively filed1 a Second Amended Complaint (“SAC”) against Defendants Doctor Gustaveson and Doctor Danilo C. Bernal (together, “Defendants”). Electronic Case Filing Number (“ECF No.”) 14, SAC. On February 24, 2020, the Court issued a Report and Recommendation (“R&R”), recommending that Plaintiff’s claims against Defendants in their official capacity 26 27 1 Under the “mailbox rule,” when a pro se prisoner gives prison authorities a pleading to mail to be dismissed with prejudice and without leave to amend. ECF No. 16, R&R at 9; ECF No. 20, Order Accepting R&R. On April 8, 2020, the Court issued an order…