Johnson v. Felker et al

Filing 59

ORDER and ORDER to SHOW CAUSE signed by Magistrate Judge Kendall J. Newman on 10/15/15 ordering defendant's motion to compel (54 at 5-9; 54-1) is granted. Within 14 days from the date of this order, plaintiff shall provide without objection responses to defendant Statti's discovery requests propounded on 04/01/15 and shall file a notice with the court attesting to his compliance with this order. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MAURICE JOHNSON,

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No. 2:12-cv-2719 GEB KJN P

Plaintiff,

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v.

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FELKER, et al.,

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ORDER AND ORDER TO SHOW CAUSE

Defendants.

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Plaintiff is a state prisoner, proceeding pro se, with a civil rights action pursuant to 42

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U.S.C. § 1983. Statti is the sole remaining defendant. (ECF No. 53.) On June 17, 2015,

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defendant Statti filed a motion to compel discovery responses to discovery propounded on April

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1, 2015. On June 19, 2015, plaintiff was directed to file an opposition or statement of non-

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opposition within 21 days. Plaintiff was cautioned that he is required to cooperate in discovery,

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and that failure to cooperate in discovery may result in the imposition of sanctions, including a

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recommendation that this action be dismissed. (ECF No. 55 at 2.)

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On August 6, 2015, plaintiff was granted an extension of time in which to file an

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opposition to the motion to compel. Plaintiff was again warned that his failure to cooperate in

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discovery may result in a recommendation that this action be dismissed. (ECF No. 57 at 2.)

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On September 28, 2015, defendant noted that plaintiff failed to timely file an opposition to
the motion to compel, and has not provided discovery responses. (ECF No. 58 at 2.)
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Federal Rule of Civil Procedure 37 permits the court to impose sanctions on a party who

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fails to serve answers to interrogatories or to respond to request for production of documents.

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Fed. R. Civ. P. 37(d)(3). Federal Rule of Civil Procedure 37 permits the court to impose

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sanctions on a party that fails to comply with a discovery order. Fed. R. Civ. P. 37(b)(2)(A).

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Moreover, the court has the inherent power to control its docket and may, in the exercise of that

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power, impose sanctions where appropriate, including dismissal of the action. Bautista v. Los

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Angeles County, 216 F.3d 837, 841 (9th Cir. 2000).

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Therefore, defendant’s motion to compel is granted. Within fourteen days from the date

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of this order, plaintiff shall provide, without objection, responses to defendant Statti’s discovery

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requests propounded on April 1, 2015, and shall file a notice with the court attesting to his

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compliance with this order. Plaintiff is cautioned that failure to provide the discovery responses

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sought and to respond to this order will result in the dismissal of this action.

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Accordingly, IT IS HEREBY ORDERED that

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1. Defendant’s motion to compel (ECF No. 54 at 5-9; 54-1) is granted; and

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2. Within fourteen days from the date of this order, plaintiff shall provide, without

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objection, responses to defendant Statti’s discovery requests propounded on April 1, 2015, and

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shall file a notice with the court attesting to his compliance with this order. Failure to comply

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with this order will result in the dismissal of this action.

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Dated: October 15, 2015

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/john2719.mtc.ftr

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