Shikeb Saddozai v. P. Birdsong

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS FEB 28 2022 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

SHIKEB SADDOZAI, No. 21-55062 Plaintiff-Appellant, D.C. No. 5:20-cv-01010-DOC-DFM v.

MEMORANDUM* 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.

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. 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.

2 21-55062