Shikeb Saddozai v. Peter Nelson ( 2022 )

NOT FOR PUBLICATION FILED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