Bender v. Sullivan et al

Filing 53

ORDER Denying Motion 46 , signed by Magistrate Judge Gerald B. Cohn on 10/10/11. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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FLOYD EUGENE BENDER,

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Plaintiff,

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CASE NO.

v.

1:09-cv-00575-LJO-GBC (PC)

ORDER DENYING MOTION

W. J. SULLIVAN, et al.,
(ECF No. 46)

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Defendants.
/

ORDER

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Plaintiff Floyd Eugene Bender (“Plaintiff”) is a state prisoner proceeding pro se and

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in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before

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the Court is Plaintiff’s Motion to allow Plaintiff to proceed with lawsuit without paying

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rewarded sanctions until after proceedings are done. (ECF No. 46.) On May 23, 2011, the

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Court ordered sanctions against Plaintiff for his wilful failure to attend his deposition without

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substantial justification. (ECF No. 40.) The Court ordered that Plaintiff be sanctioned

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$302.50, the cost incurred to compensate the court reporter. (Id.)
Plaintiff makes no argument as to why the Court should postpone payment until the

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end of the action.

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The Court finds that delaying the execution of its Order requiring payment of costs
for failure to comply with discovery would undermine the compensatory purpose of Federal

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Rule of Civil Procedure 37 and decrease its deterrence value. Thus, the Court’s May 23,

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2011 Order directing Plaintiff to pay $302.50 for failure to appear at his deposition will not

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be stayed pending entry of final judgment. The Court also notes that any failure to pay the

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sanction could result in terminating sanctions.

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Accordingly, Plaintiff’s Motion is DENIED.
IT IS SO ORDERED.

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Dated:
1j0bbc

October 10, 2011
UNITED STATES MAGISTRATE JUDGE

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