Brian Johnson v. Reed Holtgeerts

FILED
NOT FOR PUBLICATION SEP 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BRIAN K. JOHNSON, No. 09-35189
Plaintiff - Appellant, D.C. No. 2:08-cv-00232-RSM
v.
MEMORANDUM *
REED HOLTGEERTS, Director, DAJD;
et al.,
Defendants,
and
OFFICER NAVEJAS, RJC and KING
COUNTY JAIL,
Defendants - Appellees.
Appeal from the United States District Court
for the Western District of Washington
Ricardo S. Martinez, District Judge, Presiding
Submitted September 22, 2010 **
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.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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 unpersuasive.
Johnson’s pending motions are denied.
AFFIRMED.
2 09-35189