Edward McKeever Jr. v. Sherman Block

Edward McKeever Jr., pro se, appeals the dismissal of his § 1983 action for failure to prosecute. McKeever appears to argue that, in ordering his civil rights action dismissed, the district judge erred because that order was based upon an erroneous belief that McKeever was obliged, but failed, to file a second amended complaint. We reverse and remand. ■

BACKGROUND

Between January 5, 1988 and January 14, 1988, McKeever stood trial for the attempted murder of his then wife. During the nine-day state trial in which he represented himself, McKeever claims he was taken daily from his cell at 5:30 a.m. and not returned until at least 11:45 p.m. each night. He contends that this abnormal transportation schedule deprived him of adequate sleep, food, necessary medication, library access and preparation time. All of these deprivations are alleged to have infringed his right to a fair trial by diminishing his capacity for adequate self-representation.

In his original complaint, McKeever specifically charged that, by resort to the unusual transportation procedures, Los Ange-les County Sheriff Block, several Doe deputies responsible for transporting inmates to and from court, and a Doe…