Diaz

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY SMITH, No. 2:20-cv-1004 CKD P Plaintiff, v. ORDER RALPH DIAZ, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se and in forma pauperis with an action for violation of civil rights under 42 U.S.C. § 1983. Plaintiff proceeds on claims arising under the Eighth Amendment against employees of the California Department of Corrections and Rehabilitation at California State Prison, Sacramento. Defendants have filed a motion asking that terminating sanctions issue, or that monetary sanctions issue with an order compelling plaintiff to submit to further deposition. All parties have consented to have all matters in this action before a United States Magistrate Judge. See 28 U.S.C. § 636(c). /////

The court notes that in defendants’ reply brief, defendants take issue with the fact that plaintiff 26 never responded to certain written requests for discovery. Whether that is true is not…