Shikeb Saddozai v. Peter Nelson

U.S. Court of Appeals for the Ninth Circuit

Shikeb Saddozai v. Peter Nelson

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 18 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

SHIKEB SADDOZAI, No. 20-16803

Petitioner-Appellant, D.C. No. 5:18-cv-04492-BLF

v. MEMORANDUM* PETER NELSON; CITY OF DALY CITY; CARLOS G. BOLANOS, Sheriff, County of San Mateo Jail; SCOTT KIRKPATRICK, Captain, Maguire Correctional Facility; SAN FRANCISCO GENERAL HOSPITAL; ROBERT C. MACKERSIE, Doctor; NELLIE MIKULIN, Nurse; CAZANIS, Registered Nurse; MARIA JANETT, Registered Nurse; DAVID ELKIN, Psychologist; MICHELLE REYES, Physical Therapist; BENJAMIN RINEY, Police Officer, Daly City Police Dept.,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California Beth Labson Freeman, District Judge, Presiding

Submitted February 15, 2022**

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

Shikeb Saddozai appeals pro se from the district court’s judgment

dismissing his 42 U.S.C § 1983 action alleging violation of his constitutional

rights. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of

discretion a dismissal for failure to effect service under Federal Rule of Civil

Procedure 4(m). Walker v. Sumner, 14 F.3d 1415, 1422 (9th Cir. 1994), abrogated

in part on other grounds by Sandin v. Conner, 515 U.S. 472 (1995). We may

affirm on any ground supported by the record, Jones v. Allison, 9 F.4th 1136, 1139

(9th Cir. 2021), and we affirm.

The district did not abuse its discretion in dismissing Saddozai’s action

because Saddozai did not comply with the court’s order, or request an extension of

time to effect service. See Walker, 14 F.3d at 1422 (affirming dismissal for failure

to serve where pro se plaintiff did not show good cause for the failure or show that

he provided sufficient information for the marshal to effect service).

AFFIRMED.

2 20-16803

Reference

Status
Unpublished