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Saddozai v. Birdsong

United States Court of Appeals, Ninth Circuit
Feb 28, 2022
No. 21-55062 (9th Cir. Feb. 28, 2022)

Opinion

21-55062

02-28-2022

SHIKEB SADDOZAI, Plaintiff-Appellant, v. P. BIRDSONG, Ironwood State Prison Appeal Coordinator, individual and official capacity; NEIL MCDOWELL, Warden, Warden for Ironwood State Prison, individual and official capacity; CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Director; individual and official capacity, Defendants-Appellees.


NOT FOR PUBLICATION

Submitted February 15, 2022 [**]

Appeal from the United States District Court for the Central District of California David O. Carter, District Judge, Presiding D.C. No. 5:20-cv-01010-DOC-DFM

Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.

MEMORANDUM [*]

California state prisoner Shikeb Saddozai appeals pro se from the district court's judgment dismissing his 42 U.S.C § 1983 action concerning the inmate grievance process. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to prosecute. Carey v. King, 856 F.2d 1439, 1440 (9th Cir. 1988). We affirm.

The district court did not abuse its discretion in dismissing Saddozai's action because Saddozai failed to file an amended complaint, a notice of election to stand on his complaint, or a request for an additional extension of time, despite being warned that failure to respond would result in dismissal. See id. (factors to be considered in determining whether to dismiss an action for failure to prosecute).

AFFIRMED.

[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

[**] The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).


Summaries of

Saddozai v. Birdsong

United States Court of Appeals, Ninth Circuit
Feb 28, 2022
No. 21-55062 (9th Cir. Feb. 28, 2022)
Case details for

Saddozai v. Birdsong

Case Details

Full title:SHIKEB SADDOZAI, Plaintiff-Appellant, v. P. BIRDSONG, Ironwood State…

Court:United States Court of Appeals, Ninth Circuit

Date published: Feb 28, 2022

Citations

No. 21-55062 (9th Cir. Feb. 28, 2022)