Shikeb Saddozai v. P. BIRDSONG, Ironwood State Prison Appeal Coordinator, individual

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
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.
No. 21-55062
D.C. No. 5:20-cv-01010-DOC-DFM
MEMORANDUM*
Appeal from the United States District Court
for the Central District of California
David O. Carter, District Judge, Presiding
Submitted February 15, 2022**
Before: FERNANDEZ, TASHIMA, and FRIEDLAND, Circuit Judges.
California state prisoner Shikeb Saddozai appeals pro se from the district
* 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).
FILED
FEB 28 2022
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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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.

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