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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 FLOYD EUGENE BENDER, 11 Plaintiff, 12 13 CASE NO. v. 1:09-cv-00575-LJO-GBC (PC) ORDER DENYING MOTION W. J. SULLIVAN, et al., (ECF No. 46) 14 15 16 Defendants. / ORDER 17 18 Plaintiff Floyd Eugene Bender (“Plaintiff”) is a state prisoner proceeding pro se and 19 in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Pending before 20 the Court is Plaintiff’s Motion to allow Plaintiff to proceed with lawsuit without paying 21 rewarded sanctions until after proceedings are done. (ECF No. 46.) On May 23, 2011, the 22 Court ordered sanctions against Plaintiff for his wilful failure to attend his deposition without 23 substantial justification. (ECF No. 40.) The Court ordered that Plaintiff be sanctioned 24 25 26 $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 27 1 1 end of the action. 2 3 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 4 5 Rule of Civil Procedure 37 and decrease its deterrence value. Thus, the Court’s May 23, 6 2011 Order directing Plaintiff to pay $302.50 for failure to appear at his deposition will not 7 be stayed pending entry of final judgment. The Court also notes that any failure to pay the 8 sanction could result in terminating sanctions. 9 10 Accordingly, Plaintiff’s Motion is DENIED. IT IS SO ORDERED. 11 12 Dated: 1j0bbc October 10, 2011 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2

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