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. TerryOpinion
No. 09-35189.
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.
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.