Saddozai v. Atchley
- Beth Freeman
- 5:20-cv-07534
- U.S. District Court · Northern District of California
- 2
In Saddozai v. Atchley, Judge Freeman granted Saddozai a second extension to file an amended complaint because of COVID-related prison restrictions.
Shikeb Saddozai, who received additional time to amend his complaint; the defendants in his civil-rights action were also affected because omitted claims or unnamed defendants would no longer remain in the case.
What happened
Saddozai, a state prisoner representing himself, sued prison staff and the California Department of Corrections and Rehabilitation director under a federal civil-rights law. The court had dismissed his original complaint but allowed him to file an amended complaint addressing his deliberate-indifference claim.
Saddozai asked for more time because COVID-19 restrictions limited his access to the law library. The court granted his motion for a second extension and gave him 30 days from the order’s filing date to submit the amended complaint.
The amended complaint had to use the case caption and number, say “AMENDED COMPLAINT” on the first page, and answer every question on the form. Judge Beth Labson Freeman warned that failing to file on time would result in dismissal of the action without prejudice and without further notice.
The detailed version
- Saddozai v. Atchley · No. 5:20-cv-07534
- Beth Freeman
- May 21, 2021
Background
Shikeb Saddozai, a state prisoner proceeding without a lawyer, filed a civil-rights action under 42 U.S.C. § 1983 against staff at Salinas Valley State Prison and the Director of the California Department of Corrections and Rehabilitation. On March 5, 2021, the court dismissed the complaint but granted leave to amend so Saddozai could provide sufficient facts for a deliberate-indifference claim. The court originally required an amended complaint by April 2, 2021.
Motion and ruling
Saddozai moved for a second extension of time, citing COVID-19 restrictions, including limited access to the law library. Finding good cause, the court granted the motion. It ordered Saddozai to file an amended complaint no later than 30 days after the order was filed.
Filing requirements and consequence
The amended complaint had to include the caption and civil case number used in the order, place the words “AMENDED COMPLAINT” on its first page, and answer all questions on the required form. The court explained that the amended complaint would replace the original: claims omitted from it would no longer be claims, and defendants not named in it would no longer be defendants. The court stated that failure to file the amended complaint within the required time would result in dismissal of the action without prejudice and without further notice.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.