Eutimio Aispuro v. Dr. Dedilo

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6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 EUTIMIO AISPURO, Case No. 2:19-cv-06938-JAK-SHK 12 Plaintiff, 13 ORDER DISMISSING CASE v. 14 DR. DEDILO, et al., 15 Defendants. 16 17 18 For the following reasons, the case is DISMISSED without prejudice. 19 I. BACKGROUND 20 On January 21, 2020, Plaintiff Eutimio Aispuro (“Plaintiff”), proceeding pro 21 se and in forma pauperis, constructively filed1 a Second Amended Complaint 22 (“SAC”) against Defendants Doctor Gustaveson and Doctor Danilo C. Bernal 23 (together, “Defendants”). Electronic Case Filing Number (“ECF No.”) 14, SAC. 24 On February 24, 2020, the Court issued a Report and Recommendation (“R&R”), 25 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 1 be dismissed with prejudice and without leave to amend. ECF No. 16, R&R at 9; 2 ECF No. 20, Order Accepting R&R. 3 On April 8, 2020, the Court issued an order…