Saddozai v. Atchley

Background

Shikeb Saddozai, a state inmate proceeding without a lawyer, brought this civil-rights action under 42 U.S.C. § 1983 against S. Tomlinson for an alleged First Amendment free-speech violation arising from a 2020 incident. Settlement proceedings were unsuccessful, and the case was referred to the Federal Pro Se Program to seek trial counsel. The case was stayed while that referral was pending.

Saddozai moved under Federal Rules of Civil Procedure 19(a)(2) and 21 to add the CDCR as a party. The order describes the request as another attempt to involve the CDCR so that Saddozai could seek injunctive relief against it, including relief related to his transfer to another prison.

Rule 19 Joinder

Rule 21 allows a court to add or drop a party at any time on motion or on its own. Rule 19 requires joinder, when feasible, if the court cannot provide complete relief among the existing parties without the additional person, or if the person has an interest in the case that could be impaired or could expose an existing party to inconsistent obligations.

The court held that Saddozai did not explain how the CDCR was necessary to provide complete relief or how the CDCR had an interest in the 2020 free-speech claim that could be impaired or create a substantial risk of inconsistent obligations. Saddozai asserted that he had a potential claim against the CDCR similar to the claim against the existing defendant, but he also alleged new claims involving retaliation and interference with his ability to litigate cases. The court found those claims unrelated to the 2020 free-speech claim and held that joinder of the CDCR was not required under Rule 19.

New Claims

To the extent Saddozai sought to add new claims against a new defendant, the court found no basis to allow that request at this late stage, particularly because Saddozai had already been granted leave to amend three times. The court stated that it would not entertain the request and that Saddozai must file those claims in a separate action subject to the related filing fees.

Injunctive Relief and Disposition

Saddozai repeated arguments seeking injunctive relief to prevent his transfer to another prison. The court noted that it had already denied his request for injunctive relief and found no basis to reconsider that denial. The defendant also argued that the request was moot because Saddozai was incarcerated at Pelican Bay State Prison as of May 30, 2025. The court denied the motion to join the CDCR on this basis as well.

The court denied the motion to compel joinder and terminated Docket No. 107. This was a procedural ruling about adding a party and presenting new claims; the order did not decide the merits of the underlying free-speech claim.