Saddozai v. Atchley

Background

Shikeb Saddozai, a state prisoner proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983 concerning allegedly unconstitutional prison conditions. On October 14, 2021, the court dismissed his amended complaint but allowed him to file a second amended complaint addressing identified deficiencies. The court had directed him to file it within 28 days.

Requests before the court

Saddozai requested a second extension of time. He cited alleged denial of access to the law library and legal resources, loss of documents, and other reasons. He also asked the court to require the defendants to provide daily meaningful access to law-library services and sought a temporary restraining order, which is emergency court relief that can sometimes be issued before the opposing party is heard.

Rulings

The court denied the motion for a temporary restraining order without prejudice. Assuming the notice requirement had been satisfied, the court found that Saddozai had not met the requirements for emergency relief because he had not shown a likelihood of success on the merits against any defendant. The court relied on the fact that it previously could not determine whether the allegations against the named defendants personally applied to Saddozai rather than to other people he identified as plaintiffs.

The court granted the motion for an extension of time. Saddozai had to file a second amended complaint no later than 28 days from the date of the order. The filing had to use the case caption and number stated in the order, include the words “SECOND AMENDED COMPLAINT” on its first page, and answer all questions on the court’s form. The court stated that the second amended complaint would replace the earlier complaints; claims and defendants omitted from it would no longer be part of the action. The court warned that failing to file on time would result in dismissal of the action without prejudice and without further notice. The order terminated Docket No. 22.