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Johnson v. Holtgeerts

United States Court of Appeals, Ninth Circuit
Sep 29, 2010
397 F. App'x 405 (9th Cir. 2010)

Summary

affirming order from this district dismissing action based on pro se party's unwillingness to answer deposition questions despite court order

Summary of this case from T-Mobile USA, Inc. v. Terry

Opinion

No. 09-35189.

Submitted September 22, 2010.

The panel unanimously concludes this case is suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed September 29, 2010.

Brian K. Johnson, Leisure City, FL, pro se.

John Cobb, Esquire, King County Prosecuting Attorney's Office, Seattle, WA, for Defendants-Appellees.

Appeal from the United States District Court for the Western District of Washington, Ricardo S. Martinez, District Judge, Presiding. D.C. No. 2:08-cv-00232-RSM.

Before: WALLACE, HAWKINS and THOMAS, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

Our independent review of the record indicates that the district court did not abuse its discretion by dismissing Brian K. Johnson's ("Johnson") action under Federal Rule of Civil Procedure 37 after Johnson was warned that failure to comply with the district court's pretrial order could result in dismissal of the case, he refused to answer questions at both of his depositions, and he failed to provide relevant arguments in opposition to defendants' motion to dismiss. See Valley Eng'rs Inc. v. Elec. Eng'g Co., 158 F.3d 1051, 1057 (9th Cir. 1998) (listing factors to consider in determining whether dismissal is proper under Rule 37).

Johnson's remaining contentions are un-persuasive.

Johnson's pending motions are denied.

AFFIRMED.


Summaries of

Johnson v. Holtgeerts

United States Court of Appeals, Ninth Circuit
Sep 29, 2010
397 F. App'x 405 (9th Cir. 2010)

affirming order from this district dismissing action based on pro se party's unwillingness to answer deposition questions despite court order

Summary of this case from T-Mobile USA, Inc. v. Terry
Case details for

Johnson v. Holtgeerts

Case Details

Full title:Brian K. JOHNSON, Plaintiff-Appellant, v. Reed HOLTGEERTS, Director, DAJD…

Court:United States Court of Appeals, Ninth Circuit

Date published: Sep 29, 2010

Citations

397 F. App'x 405 (9th Cir. 2010)

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